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NY J89188




October 20, 2003

CLA-2-52:RR:NC:TA:352 J89188

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.19.0090

Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118

RE: The tariff classification of four 100% cotton woven fabrics from India.

Dear Mr. Brooks:

In your letter dated September 17, 2003, you requested a classification ruling.

Four samples of woven fabric accompanied your request for a ruling. The first, designated as “Dobby Duck Greige,” is an unbleached dobby woven fabric composed of 100% cotton. It is characterized by a complex weave which forms a series of geometric shapes on the fabric’s surface. This product contains 33 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. It is constructed using 16/1 c.c. yarns in the warp and 8/1 c.c. yarns in the filling. Weighing 205 g/m2, this item will be imported in 140 centimeter widths.

Style “Bark Cloth Greige,” is an unbleached dobby woven fabric composed of 100% cotton. It is characterized by a complex weave featuring a mottled textured surface created by the random distribution of warp floats. This product contains 33 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. It is constructed using 16/1 c.c. yarns in the warp and 8/1 c.c. yarns in the filling. Weighing 205 g/m2, this item will be imported in 140 centimeter widths.

The applicable subheading for the two woven fabrics designated as “Dobby Duck Greige” and “Bark Cloth Greige” will be 5209.19.0090, 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, unbleached, other fabrics, other. The duty rate will be 6.5 percent ad valorem.

Both the fabrics designated as “Dobby Duck Greige” and “Bark Cloth Greige” fall within textile category designation 220. Based upon international textile trade agreements products of India 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 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 inquiry does not provide enough information for us to give a classification ruling on the two woven fabrics designated as styles “”Bark Cloth Dyed” and “”Dobby Duck Dyed.” Your request for a classification ruling should include A complete description of the finishing process subsequent to weaving including the chemical reagents, dyes, etc. used as well as the machinery employed. Identify the color the fabric was intended to be dyed. The Bark Cloth Dyed appears to have specks of turquoise color distributed over some of the yarns. Please state whether this color is a permanent dye or a tint designed to identify the fabric or yarn and intended to be washed out. Detail how the yarns have been colored. Is it in a printing process after the fabric has been woven? Provide full details on how the color was imparted. Similarly, the fabric designated as “Dobby Duck Dyed” does not appear to have been dyed except for a small section of the sample that has an uneven distribution on one side of the same turquoise color. Please provide a complete description of all processes performed subsequent to weaving including reagents and dyes used. Indicate the color that the fabric was intended to be dyed and the dye which would accomplish this dyeing. Indicate whether the color was intended to be permanent. Please detail how color was imparted to the fabric. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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.

Sincerely,

Robert B. Swierupski
Director,

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