CLA-2-52:RR:NC:TA:352 H89220
Ms. Colleen O’Shea-Moran
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, Ohio 44236
RE: The tariff classification of three woven fabrics from China.
Dear Ms. O’Shea-Moran:
In your letter dated March 11, 2002 you requested a classification ruling.
Three samples of woven fabric accompanied your request for a ruling. The first, designated as style LK-013013G Twill Solid Dyed, is a dyed 3 x 1 twill woven fabric composed of 100% cotton. It contains 47 single yarns per centimeter in the warp and 23 single yarns per centimeter in the filling. This fabric has been constructed using 20/1 c.c. yarns in the warp and 16/1 c.c. yarns in the filling. Weighing 243 g/m2, this item will be imported in 149 centimeter widths.
Style LK-013013D Stretch Sateen Solid Dyed, is a dyed 4 x 1 satin woven fabric composed of 97% cotton and 3% spandex. It contains 60 single yarns per centimeter in the warp and 40 single yarns per centimeter in the filling. This fabric has been constructed using 20/1 c.c. yarns in the warp and 16/1 c.c. cotton yarns combined with 70 denier spandex yarns in the filling. Weighing 285 g/m2, this item will be imported in 124 centimeter widths.
Style LK-013013I Sateen Solid Dyed, is a dyed 4 x 1 satin woven fabric composed of 100% cotton. It contains 47 single yarns per centimeter in the warp and 23 single yarns per centimeter in the filling. This fabric has been constructed using 20/1 c.c. yarns in the warp and 16/1 c.c. yarns in the filling. Weighing 240 g/m2, this item will be imported in 111 centimeter widths.
The applicable subheading for the twill woven fabric designated as style LK-013013G Twill Solid Dyed will be 5209.32.0020, 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, 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.5 percent ad valorem.
The applicable subheading for the two satin woven fabrics designated as style LK-013013D Stretch Sateen Solid Dyed and LK-013013I Sateen Solid Dyed will be 5209.39.0020, 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, sateens. The duty rate will be 8.5 percent ad valorem.
The twill fabric style LK-013013G Twill Solid Dyed falls within textile category designation 317. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The two satin woven fabrics designated as styles LK-013013D Stretch Sateen Solid Dyed and LK-013013I Sateen Solid Dyed fall within textile category designation 326. Based upon international textile trade agreements products of China 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