CLA-2-52:RR:NC:TA:352 I82363
Mr. Denni Awana
Inter-Orient Services
1455 Monterey Pass Road, Suite #205
Monterey Park, CA 91754
RE: The tariff classification of three cotton/spandex blend woven fabrics from Hong Kong or China.
Dear Mr. Awana:
In your letter dated June 6, 2002, on behalf of your client L.M.J. & Associates, you requested a classification ruling.
Three samples of woven fabric accompanied your request for a ruling. The first, designated as style KST8 “Brushed Stretch Twill”, is a dyed 2 X 1 twill woven fabric composed of 96% cotton and 4% spandex. It contains 44 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This item has been constructed using 16/1 c.c. yarns in the warp and core spun yarns consisting of cotton fiber spun around a filament spandex core in the filling. Weighing 256 g/m2, this product will be imported in 129 centimeter widths. Your correspondence indicates that the fabric has been lightly brushed.
Style SC28 “Stretch Corduroy” is a dyed cut weft pile woven fabric composed of 96% cotton and 4% spandex. This corduroy fabric is characterized by having been constructed with approximately 11 wales per centimeter. Weighing 186 g/m2, this product will be imported in 117 centimeter widths.
Style SKTN “Stretch Canvas” is a dyed basket woven fabric composed of 96% cotton and 4% spandex. It contains 36 single yarns per centimeter in the warp and 20 single yarns per centimeter in the filling. This product is constructed using 16/1 c.c. yarns in the warp and core spun yarns consisting of cotton fiber spun around a filament spandex core in the filling. Weighing 293 g/m2, this fabric will be imported in 131 centimeter widths.
The applicable subheading for the twill woven fabric designated as style KST8 “Brushed Stretch Twill” will be 5209.32.0040, 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, 3-thread or 4-thread twill, including cross twill, napped. The duty rate will be 8.5 percent ad valorem.
The applicable subheading for the corduroy fabric designated as style SC28 “Stretch Corduroy” will be 5801.22.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of cotton, cut corduroy, greater than 7.5 wales per centimeter. The duty rate will be 12.6 percent ad valorem.
The applicable subheading for the basket woven fabric designated as style SKTN “Stretch Canvas” 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.
Style KST8 falls within textile category designation 317. Based upon international textile trade agreements products of Hong Kong and China are subject to quota and the requirement of a visa.
Style SC28 falls within textile category designation 224. Based upon international textile trade agreements products of Hong Kong and China are subject to quota and the requirement of a visa.
Style SKTN falls within textile category designation 220. Based upon international textile trade agreements products of Hong Kong and China 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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division