CLA-2-52:OT:RR:NC:N3:352
Rosanna Gallo
Fils Promptex Yarns, Inc.
30 Avenue Jenkins
Dorval, Quebec H9P 2R1
Canada
RE: The tariff classification of woven cotton fabric from India
Dear Ms. Gallo:
In your letter dated March 21, 2018, you requested a tariff classification ruling. A sample was included in your request, designated as fabric “60’s cambric”, style # 16009.
The sample submitted, “60’s cambric”, style # 16009, is a bleached woven fabric. According to the information provided, the fabric is of plain weave construction, weighs 80 g/m2 and is composed of 100 percent cotton staple fibers. The fabric is not impregnated, coated, covered or laminated. Additionally, the fabric is not “made up”, hemmed or with rolled edges. You indicate that this fabric will be imported in 54-inch widths and will be used to produce Jewish prayer cloths.
In your letter, you describe the fabric as poplin. For woven fabrics of Chapter 52, the term poplin is defined in the Harmonized Tariff Schedule of the United States (HTSUS) under Statistical Note 1(a): The term “poplin or broadcloth” means plain weave fabrics, not of square construction, whether or not napped, but does not include the following types:
(i) Fabrics not weighing more than 200 grams per square meter, containing 33 or less warp ends and filling picks per square centimeter; and
(ii) Fabrics weighing more than 200 grams per square meter, of average yarn number 26 or lower number;
As specified in the (HTSUS) under Chapter 52, Statistical Note 1(ij): The term “square construction” means fabrics of the following types:
(i) Containing less than 79 warp ends and filling picks per square centimeter, of which the difference between the total count of warp ends per centimeter and the total count of filling picks per centimeter is less than 11;
In order to meet the requirements of a poplin fabric, the fabric must not be of square construction. Based on the information provided, the fabric contains 43.3 single yarns per centimeter in the warp and 34.6 single yarns per centimeter in the filling, which meets the above definition of square construction. Because the fabric is of square construction, the fabric cannot be poplin.
The applicable subheading for “60’s cambric”, style # 16009, will be 5208.21.6090, 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 not more than 200 g/m2: Bleached: Plain weave, weighing not more than 100 g/m2: Of a number 69 or higher number: Cheesecloth; lawns, voiles, or batistes. The rate of duty will be 11.5% 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 https://hts.usitc.gov/current.
This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.
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 Nicole Rosso via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division