NY 850240
Mar 23 1990
CLA-2-55:S:N:N3H:352 850240
Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C.
67 Broad Street
New York, N.Y. 10004
RE: The tariff classification of a twill woven rayon/cotton
fabric from Hong Kong.
Dear Ms. Shira:
In your letter dated March 6, 1990 on behalf of your client,
H. Cotler Co. Inc., you requested a classification ruling.
The submitted sample, identified as range no.268, is a 3x1
twill woven fabric. It is composed of a blend of 65% staple
rayon and 35% cotton. The fabric contains 42.5 single threads
per centimeter in the warp and 19.7 single threads per centimeter
in the filling. Weighing 237 g/m2, the fabric will be imported
in 110/112 centimeter widths. The fabric has been subjected to a
dying process. The nature of the yarns has caused the dye to
produce different colors in the warp and filling yarns. The
resulting fabric would be considered woven of yarns of different
colors for the purposes of the Harmonized Tariff Schedules of the
United States.
You state in your letter that you believe the fabric should
be classified in subheading 5516.42.0060. This subheading
provides for fabrics which are dyed a single uniform color and
would therefore not be applicable to the subject fabric which has
been determined to consist of yarns of different colors.
The applicable subheading for the range no.268 fabric will
be 5516.43.0090, Harmonized Tariff Schedule of the United States
(HTS), which provides for woven fabrics of artificial staple
fibers, containing less than 85 percent by weight of artificial
staple fibers, mined mainly or solely with cotton, of yarns of
different colors, other, other. The duty rate will be 17% ad
valorem.
Range 268 falls within textile category designation 218.
Based upon international textile trade agreements, products of
Hong Kong are subject to an export license requirement.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the
Status Report on Current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service, which is available
for inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport