CLA-2-52:RR:NC:TA:352 I84147

Mr. Denni Awana
Inter-Orient Services
1455 Monterey Pass Road, Suite 205
Monterey Park, CA 91754

RE: The tariff classification of dyed cotton/spandex blend twill woven fabric from Hong Kong or China.

Dear Mr. Awana:

In your letter dated July 12, 2002, on behalf of your client L.M.J. & Associates, Inc., you requested a classification ruling.

The submitted sample, designated as style SERA “Dyed Wide Twill” color “Glacier”, is a dyed twill woven fabric composed of 97% cotton and 3% spandex. It is characterized by a complex twill interlacing pattern featuring a steep twill line. It contains 57.5 single yarns per centimeter in the warp and 32.7 single yarns per centimeter in the filling. Weighing 230 g/m2, this product will be imported in 112 centimeter widths.

The applicable subheading for the twill woven fabric will be 5209.39.0040, 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,, other fabrics, satin weave or twill weave, other. The duty rate will be 8.5 percent ad valorem.

This twill woven fabric falls within textile category designation 317. Based upon international textile trade agreements products of China and Hong Kong 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