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NY I83206

June 21, 2002

CLA-2-52:RR:NC:TA:352 I83206


TARIFF NO.: 5209.43.0030

Mr. Denni Awana
Inter-Orient Services
1455 Monterey Pass Road
Monterey Park, CA 91754

RE: The tariff classification of cotton/spandex blend twill woven fabric of yarns of different colors from Hong Kong or China.

Dear Mr. Awana:

In your letter dated June 19, 2002, on behalf of your client L.M.J. & Associates, Inc., you requested a classification ruling.

The submitted sample, designated as style SDS8 Pattern #A958, is a 2X1 twill woven fabric composed of 97% cotton and 3% spandex. It is constructed using alternating groups of dyed indigo blue and dyed blue-gray yarns in the warp and dyed blue-gray yarns in the filling resulting in a fabric composed of yarns of different colors and featuring a colored stripe effect. This product contains 43 single yarns per centimeter in the warp and 18 single yarns per centimeter in the filling. It is manufactured using 16/1 c.c. yarns in the warp and core spun yarns featuring cotton fiber spun around a spandex core in the filling. Weighing 270 g/m2, this fabric will be imported in 133 centimeter widths.

The applicable subheading for the twill woven fabric will be 5209.43.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, of yarns of different colors, other fabrics of 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.5 percent ad valorem.

This twill fabric falls within textile category designation 218. Based upon international textile trade agreements products of China or Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.


Robert B. Swierupski

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