CLA-2-55:OT:RR:NC:N3:352

Mr. Wes W. Wyrwa
Westech Group Ltd.
1203 Leewood Drive
Oakville, Ontario
Canada, L6M 3B3

RE: The tariff classification of five cotton and/or polyester woven fabrics from South Africa

Dear Mr. Wyrwa:

In your letter dated November 16, 2011, you requested a tariff classification ruling. Five samples were provided and were sent to the CBP laboratory for analysis.

Style C409 is a woven fabric. CBP laboratory analysis indicates that this fabric is unbleached, of plain weave construction, composed wholly of cotton and weighs 601.1 g/m2. It contains 42 single yarns per centimeter in the warp and 30.6 single yarns per centimeter in the filling, with an average yarn number of 12. You indicate that this fabric will be imported in rolls, in widths of 153 centimeters.

Style CP5005 is a woven fabric. CBP laboratory analysis indicates that it is unbleached, of plain weave construction, composed of 52.7% cotton and 47.3% polyester and weighs 411.4 g/m2. It contains 21.5 single yarns per centimeter in the warp and 12.7 single yarns per centimeter in the filling, with an average yarn number of 8. You indicate that this fabric will be imported in rolls, in widths of 173 and 201 centimeters.

Style HF112 is a woven fabric. CBP laboratory analysis indicates that it is bleached, of plain weave construction, composed wholly of staple polyester and weighs 686.2 g/m2. It contains 33.3 single yarns per centimeter in the warp and 30.7 single yarns per centimeter in the filling, with an average yarn number of 9. You indicate that this fabric will be imported in rolls, in widths of 153 centimeters.

Style SP233 is a woven fabric. CBP laboratory analysis indicates that it is bleached, of satin weave construction, composed wholly of staple polyester and weighs 290.9 g/m2. It contains 39.9 single yarns per centimeter in the warp and 15.6 single yarns per centimeter in the filling, with an average yarn number of 19. You indicate that this fabric will be imported in rolls, in widths of 153 centimeters.

Style SP229 is a woven fabric. CBP laboratory analysis indicates that it is bleached, of a construction other than plain, twill or satin weave, composed wholly of staple polyester, and weighs 1443.5 g/m2. It contains 116.7 single yarns per centimeter in the warp and 86.7 single yarns per centimeter in the filling, with an average yarn number of 14. You indicate that this fabric will be imported in rolls, in widths of 203 centimeters. The applicable subheading for style C409 will be 5209.11.0090, Harmonized Tariff Schedule of the United States (HTSUS), 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, plain weave duck. The duty rate will be 6.5% ad valorem.

The applicable subheading for style CP5005 will be 5211.11.0035, HTSUS, which provides woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2: unbleached: plain weave, sheeting, not napped, other. The duty rate will be 7.7% ad valorem.

The applicable subheading for style HF112 will be 5512.11.0050, HTSUS, which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers: containing 85 percent or more by weight of polyester staple fibers: unbleached or bleached, duck. The duty rate will be 12% ad valorem.

The applicable subheading for style SP233 will be 5512.11.0060, HTSUS, which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers: containing 85 percent or more by weight of polyester staple fibers: unbleached or bleached, satin or twill weave. The duty rate will be 12% ad valorem.

The applicable subheading for style SP229 will be 5512.11.0090, HTSUS, which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers: containing 85 percent or more by weight of polyester staple fibers: unbleached or bleached, other. The duty rate will be 12% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Maribeth Dunajski at (646) 733-3045.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division