CLA-2-55:RR:NC:TA:352 G84011
Ms. Lisa A. Crosby
Powell, Goldstein, Frazer & Murphy LLP
1001 Pennsylvania Avenue, N.W., Sixth Floor
Washington, D.C. 20004
RE: The tariff classification of five polyester/cotton blend plain woven printed fabrics from unidentified Asian countries.
Dear Ms. Crosby:
In your letter dated November 3, 2000, on behalf of your client Ninomarcello Textile Group, you requested a classification ruling.
Several samples of printed woven fabrics that have been cut to rectangular shape accompanied your request for a ruling. Your correspondence indicates that all the fabrics are designated as style Nino 100 but examination of the fabrics indicate that there are five different printed patterns. The fabric panels imported will be cut to various dimensions but always in rectangular shape and after importation into the United States will be further fabricated by sewing into various bedding articles such as sheets and pillow cases. However, at the time of importation the fabrics will be cut only to rectangular shapes and would not be considered made up articles within the meaning of Note 7 to Section XI.
Laboratory analysis of the fabric panel characterized by a printed plaid design indicates that this item is a plain woven fabric composed of 70.1% staple polyester and 29.9% cotton. It contains 28.9 single yarns per centimeter in the warp and 16.9 single yarns per centimeter in the filling. This fabric has been constructed using 60/1 NM yarns in both the warp and filling. Weighing 80.8 g/m2, this rectangularly shaped fabric panel will be imported in various dimensions. Based on the data developed by the Customs laboratory the average yarn number for this item has been calculated to be 56 in the metric system.
Laboratory analysis of the fabric panel characterized by a printed floral motif with blue and yellow flowers indicates that this item is a plain woven fabric composed of 65.5% staple polyester and 34.5% cotton. It contains 30.6 single yarns per centimeter in the warp and 17.6 single yarns per centimeter in the filling. This fabric has been constructed using 60/1 NM yarns in both the warp and filling. Weighing 79.2 g/m2, this rectangularly shaped fabric panel will be imported in various dimensions. Based on the data developed by the Customs laboratory the average yarn number for this item has been calculated to be 61 in the metric system.
Laboratory analysis of the fabric panel characterized by a printed multicolored leaf motif indicates that this item is a plain woven fabric composed of 62.4% staple polyester and 37.6% cotton. It contains 29.7 single yarns per centimeter in the warp and 16.7 single yarns per centimeter in the filling. This fabric has been constructed using 60/1 NM yarns in both the warp and filling. Weighing 77.2 g/m2, this rectangularly shaped fabric panel will be imported in various dimensions. Based on the data developed by the Customs laboratory the average yarn number for this item has been calculated to be 60 in the metric system.
Laboratory analysis of the fabric panel characterized by a printed floral motif with large pink and beige flowers indicates that this item is a plain woven fabric composed of 62.7% staple polyester and 37.3% cotton. It contains 30.9 single yarns per centimeter in the warp and 16.9 single yarns per centimeter in the filling. This fabric has been constructed using 60/1 NM yarns in both the warp and filling. Weighing 82.5 g/m2, this rectangularly shaped fabric panel will be imported in various dimensions. Based on the data developed by the Customs laboratory the average yarn number for this item has been calculated to be 58 in the metric system.
Laboratory analysis of the fabric panel characterized by a printed floral motif with purple flowers indicates that this item is a plain woven fabric composed of 65.2% staple polyester and 34.8% cotton. It contains 29.1 single yarns per centimeter in the warp and 16.7 single yarns per centimeter in the filling. This fabric has been constructed using 60/1 NM yarns in both the warp and filling. Weighing 76.8 g/m2, this rectangularly shaped fabric panel will be imported in various dimensions. Based on the data developed by the Customs laboratory the average yarn number for this item has been calculated to be 59 in the metric system.
The applicable subheading for all the printed fabrics will be 5513.41.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2, printed, of polyester staple fibers, plain weave, poplin or broadcloth. The duty rate will be 15.5 percent ad valorem.
All of the fabrics fall within textile category designation 614. Based upon international textile trade agreements products of many of the Asian countries may be subject to quota and the requirement of a visa. However, without a specific specified country we are unable to rule definitively whether a visa requirement or quota restraint exists.
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 212-637-7092.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division