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NY J83627

April 23, 2003

CLA-2-52:RR:NC:TA:352 J83627


TARIFF NO.: 5208.29.2090

Mr. Martin K. Behr
Sea Shipping Line
114 Maple Avenue
Red Bank, NJ 07701

RE: The tariff classification of bleached twill woven 100% cotton fabric from Bangladesh.

Dear Mr. Behr:

In your letter dated April 11, 2003, on behalf of your client STM USA LLC, you requested a classification ruling.

The submitted sample is a bleached twill woven fabric composed of 100% cotton. It is characterized by alternating stripes of warp face broken twill and filling face broken twill. This product contains 60.63 single yarns per centimeter in the warp and 37.80 single yarns per centimeter in the filling. Your correspondence indicates that this fabric is constructed using 50/1 c.c. cotton yarns in the warp and 40/1 c.c. cotton yarns in the filling. Weighing 133.64 g/m2, this item will be imported in 198 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 73 in the metric system.

The applicable subheading for the twill woven fabric will be 5208.29.2090, 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 not more than 200 g/m2, bleached, other fabrics, satin weave or twill weave, other. The duty rate will be 7.8 percent ad valorem.

This twill woven fabric falls within textile category designation 317. Based upon international textile trade agreements products of Bangladesh are subject to visa requirements.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Your letter also inquires about the marking requirements for this product. Although you have not provided a marked sample we can provide you with general information concerning the country of origin marking required by the Tariff Act of 1930 as amended. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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