NY 857076

OCT 31 1990


CLA-2-52:S:N:N3H:352 857076

Ms. Ann Y. Goldman
Laotian Handcraft Center
1578 Solano Ave.
Berkeley, CA 94707

RE: The tariff classification of plain woven cotton fabric to be used in various Laotian religious ceremonies. The fabric is produced in Thailand.

Dear Ms. Goldman:

In your letter dated September 19, 1990, received in this office on October 12, 1990, you requested a classification ruling.

The submitted sample is a greige, 100% cotton, plain woven, hand-loomed fabric. Examination of the fabric reveals that it contains 11.4 single yarns per centimeter in the warp and 7.9 single yarns per centimeter in the filling. Weighing 214.8 g/m2, this product will be imported in 61 centimeter widths. Based on the data developed in laboratory analysis, the average yarn number for this fabric has been calculated to be 8 in the metric system. You have also inquired about the identical fabric when it is dyed a single uniform color.

Your inquiry suggests that this item may be classified as a made up article instead of as fabric in the piece. This is not correct. Note 7 Section XI of the Harmonized Tariff Schedules of the United States in part that:

For the purposes of this section, the expression "made up" means:

(a) Cut otherwise than into squares or rectangles (b) Produced in the finished state, ready for use...without sewing or other working..

The product that you intend to import is cut into a rectangle and, therefore, does not qualify as "made up". In addition, the Explanatory Notes to the Harmonized Commodity Description and Coding System, which constitute the official interpretation of the Harmonized System at the international level, states that goods which are rectangular in shape and have been cut out of larger pieces without further working and not incorporating fringes are not considered "produced in the finished state" within the meaning of Note 7 to Section XI. It is therefore clear that this product is not considered "made up" and remains classifiable as fabric in the piece.

The applicable subheading for the greige plain woven cotton fabric will be 5209.11.0030, 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, plain weave, sheeting, not napped. The duty rate will be 6.5 percent ad valorem.

If the dyed fabric you intend to import is made on a hand loom (i.e., a nonpower-driven loom) by a cottage industry and which prior to exportation has been certified by an official of a government agency of Thailand to have been so made, then this fabric would qualify as a "certified hand-loomed fabric". The applicable subheading for the "certified hand-loomed" dyed plain woven cotton fabric will be 5209.31.3000, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, dyed, plain weave , certified hand-loomed fabrics. The duty rate will be 6 percent ad valorem.

If the dyed fabric does not qualify as a "certified hand- loomed fabric", then the applicable subheading for the dyed plain woven cotton fabric will be 5209.31.6030, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, dyed, plain weave , other, sheeting, not napped. The duty rate will be 8.9 percent ad valorem.

The greige cotton fabric falls within textile category designation 313. Based upon international textile trade agreements, products of Thailand are subject to both visa requirements and quota restraints.

The dyed cotton woven fabric which does not qualify as "certified hand-loomed fabric" falls within textile category designation 313. Based upon international textile trade agreements, products of Thailand are subject to both quota restraints and visa requirements. If the dyed fabric qualifies as "certified hand-loomed fabric", it is not subject to quota restraints or visa requirements at the present time.

We have not addressed your request for a ruling on the Mien turban since we do not have sufficient information to render a decision. If you wish to have a ruling on this item, you must submit a sample of this item in the condition as imported. 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