CLA-2-52:S:N:N6:352 803819
Mr. Michael B. Shapiro
Scott Group
5701 South Division
Grand Rapids, Michigan 49548
RE: The tariff classification of 100% cotton primary carpet
backing from Hong Kong.
Dear Mr. Shapiro:
In your letter dated October 27, 1994 you requested a
classification ruling.
You have submitted a sample of a basket woven 100% cotton
fabric which you designate as an all cotton "canvas". The fabric
contains 11 warp ends per centimeter and 11.4 filling picks per
centimeter. It is constructed using 10/2 c.c. yarns in both the
warp and filling. This fabric weighs approximately 294 g/m2 and
will be imported in a range of widths varying between 100 and 300
centimeters. Every 50 warp ends two dyed ends are employed as so
called "marker" threads which are used as guides when the fabric
is used in the manufacture of carpets. The balance of the warp
ends and all of the filling picks are unbleached.
Your correspondence also requests a ruling on a similar 100%
cotton basket woven fabric for which no sample is currently
available. This fabric contains 11 warp ends per centimeter and
10.2 filling picks per centimeter. It will be constructed using
12/3 c.c. yarns in both the warp and the filling. Weighing 320
g/m2, this item will be imported in varying widths ranging from
100 to 300 centimeter. This product also will contain dyed
"marker" yarns every fifty warp ends with the balance composed of
unbleached yarns.
Your letter, in addition, requests the classification of two
woven fabric with identical constructions to the fabrics
described above except that the "marker" threads would be
omitted. That is to say all of the yarns would be unbleached.
The applicable subheading for the two woven fabric
containing the dyed "marker" threads will be 5209.49.0090,
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 200g/m2, of yarns of
different colors, other fabrics, other. The duty rate will be
8.9 percent ad valorem.
The applicable subheading for the two woven fabric which do
not contain the dyed "marker" threads will be 5209.19.0090,HTS,
which provides for woven fabrics of cotton, containing 85 percent
or more by weight of cotton, weighing more than 200g/m2,
unbleached, other fabrics, other. The duty rate will be 6.5
percent ad valorem.
The two woven fabrics containing the dyed "marker" yarns
fall within textile category designation 218. Based upon
international textile trade agreements products of Hong Kong are
subject to export license requirements.
The two woven fabrics that do not contain the dyed "marker"
yarns fall within textile category designation 220. Based upon
international textile trade agreements products of Hong Kong are
subject to export license requirements.
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. 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