NY 855820
SEPT 21 1990
CLA-2-52:S:N:N3H:352 855820
Mr. Jerry L. Gans
Coyote Enterprises
2706 E. Copper Avenue
Tucson, AZ 85716
RE: The tariff classification of yarn dyed hand-loomed cotton
fabrics from Thailand.
Dear Mr. Gans:
In your letter dated August l5, l990, you requested a tariff
classification ruling.
You have submitted three samples of hand-loomed woven
fabrics identified as A, B & C. Information provided indicates
that sample A is composed of 100% cotton and is yarn dyed. The
fabric is plain woven and is constructed with 30/2 c.c. yarns in
the warp and 15/1 c.c. yarns in the filling. This product
contains 20 yarns per centimeter in the warp and 16 yarns per
centimeter in the filling. It weighs 150 g/m2 and will be
imported in 99 centimeter widths.
Sample B is a hand-loomed fabric composed of yarn dyed, 100%
cotton yarns. This product is woven as a plain weave, using 40/2
c.c. yarns in both the warp and filling. There are 16 yarns per
centimeter in the warp and 16 yarns per centimeter in the
filling. The fabric weighs 100 g/m2 and will be imported in 71
centimeter widths.
Sample C is a yarn dyed hand-loomed fabric composed of 99%
cotton and 1% filament polyester. It is woven with a complex
pattern and contains 30/2 c.c. yarns in the warp and both 1 and 2
ply yarns of various sizes in the filling. The fabric weighs 159
g/m2 and will be imported in 76 centimeter widths. It is
constructed using 38 single yarns per centimeter in the warp and
29 single yarns per centimeter in the filling. The average yarn
number is calculated to be 42 in the metric system.
You are correct in your belief that there was a misunderstanding
with Customs regarding the classification of this merchandise in
subheading 5209. Since these fabrics weigh less than 200 g/m2, this
classification would not apply. In addition, provided samples A and B
are made on a hand loom by a cottage industry and prior to exportation
have been certified by an official of a government agency of the
country where the products were produced to have been so made, these
goods would qualify as "certified hand- loomed fabrics".
The applicable subheading for the hand-loomed fabric identified as
sample A will be 5208.42.1000, 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,
of yarns of different colors, plain weave, weighing more than 100 g/m2,
certified hand- loomed fabrics. The rate of duty will be 6 percent ad
valorem.
The applicable subheading for hand-loomed fabric identified
as sample B will be 5208.41.2000, HTS, which provides for woven
fabrics of cotton, containing 85 percent or more by weight of
cotton, weighing not more than 200 g/m2, of yarns of different
colors, plain weave, weighing not more than 100 g/m2, certified
hand-loomed fabrics. The rate of duty will be 6 percent ad
valorem.
The applicable subheading for the hand-loomed fabric identified as
sample C will be 5208.49.4090 HTS, which provides for woven fabrics of
cotton, containing 85 percent or more by weight of cotton, weighing not
more than 200 g/m2, of yarns of different colors, other fabrics, other,
of number 42 or lower number, other. The rate of duty will be 9.6
percent ad valorem.
The fabric identified as sample C falls within textile category
designation 218. Based upon international textile trade agreements,
products of Thailand may be subject to visa requirements.
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.
The U. S. has negotiated a Committee for the Implementation of
Textile Agreements (CITA) folklore agreement with Thailand. Shipments
of hand-loomed fabric and traditional folklore products of cottage
industry are exempt from quota and visa requirements if they are a
product of a country with which the U. S. has both a bilateral and a
visa agreement which specifically exempts such products, provided the
foreign government has issued a proper and correct exempt certification.
These agreements only waive the quota and visa requirements. This office
is not authorized to rule on the exempt status of merchandise which may
be subject to these agreements. If you wish a ruling on the exempt status
of item C you may write to:
The United States Customs Service
Office of Trade Operations
Textiles and Metals Branch
1301 Constitution Ave., NW
Washington, D.C. 20229
Your letter inquires about how this merchandise should be
marked. Section 304 Tariff Act of 1930 requires each bolt of fabric to
be marked with the country of origin in a conspicuous place as legibly,
indelibly and permanently as the nature of the article will permit.
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