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NY I83609

July 16, 2002

CLA-2-52:RR:NC:TA:352 I83609


TARIFF NO.: 5209.39.0080

Mr. Denni Awana
Inter-Orient Services
1455 Monterey Pass Road, Suite 205
Monterey Park, CA 91754

RE: The tariff classification of a cotton/spandex blend dyed basket woven fabric from China or Hong Kong.

Dear Mr. Awana:

In your letter dated July 11, 2002, on behalf of your client L.M.J. & Associates, you requested a classification ruling.

The submitted sample, designated as style SKTN (N147) “Stretch Canvas” color “Ginger Blossom”, is a dyed basket woven fabric composed of 96% cotton and 4% filament spandex. It contains 36 single yarns per centimeter in the warp and 20 single yarns per centimeter in the filling. This product is manufactured using 12/1 c.c. yarns in the warp and core spun yarns consisting of cotton fiber spun around a core of 70 denier filament spandex in the filling. Weighing 293 g/m2, this fabric will be imported in 131 centimeter widths.

The applicable subheading for the basket woven fabric will be 5209.39.0080, 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, dyed, other fabrics, other, of a width exceeding 127 centimeters. The duty rate will be 8.5 percent ad valorem.

This fabric falls within textile category designation 220. Based upon international textile trade agreements products of China and 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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