NY E85737

October 12, 1999

CLA-2-52:RR:NC:TA:352 E85737

CATEGORY: Classification

TARIFF NO.: 5208.12.6060; 5209.11.0020; 5407.42.0060; 5407.92.2020

Mr. Gerard F. Brady

Queue Enterprises Inc.

P.O. Box 972

JFK Airport

Jamaica, NY 11430-0972

RE: The tariff classification of four woven fabrics from Taiwan and
China.

Dear Mr. Brady:

In your letter dated August 6, 1999, on behalf of your client Raytex
Fabrics, Inc., you requested a classification ruling.

Four samples of woven fabric accompanied your request for a ruling. The
first, designated as style RT #11, is a greige plain woven fabric
composed of 100% cotton. It contains 26.8 single yarns per centimeter in
the warp and 26.8 single yarns per centimeter in the filling. This
product is constructed using 30/1 c.c. yarns in both the warp and the
filling. Weighing 113.7 g/m2, this fabric will be imported in 130
centimeter widths. Based on our examination of the fabric and the data
provided, the average yarn number for this item has been calculated to
be 47 in the metric system. This fabric was produced in China.

Style #43468, designated as cotton ripstop, is a greige plain woven
fabric composed of 100% cotton. It contains 39.8 warp ends and 21.3
filling picks. It is constructed using 40/2 c.c yarns in the warp and
16/1 c.c. yarns in the filling. Weighing 210 g/m2, this item will be
imported in 169 centimeter widths. Based on the data provided and our
examination of the sample, the average yarn number of this fabric has
been calculated to be 48 in the metric system. This fabric was produced
in China.

Laboratory analysis indicates that style TW-MACHU is a dyed plain woven
fabric composed of 49.5% filament polyester, 37.4% staple polyester and
13.1% cotton. It contains 44 single yarns per centimeter in the warp and
28 single yarns per centimeter in the filling. This product is
constructed using 150 denier filament yarns in the warp and 21/1 c.c.
staple yarns in the filling. Weighing 182.7 g/m2, this item will be
imported in 152 centimeter widths. Based on the data developed by the
Customs Laboratory, the average yarn number for this fabric has been
calculated to be 39 in the metric system. This product was manufactured
in Taiwan.

Style #N070 is a dyed plain woven fabric composed of 100% filament
nylon. On one side of the fabric, a coating of polyurethane plastic has
been applied. However, this plastic coating is not visible to the naked
eye. Laboratory analysis indicates that this product weighs 349.2 g/m2
while the plastic coating represents approximately 6% of the total
weight of the fabric. The fabric will be imported in 147 centimeter
widths and will be produced in Taiwan.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States,
(HTS), defines the scope of heading 5903, under which textile fabrics
which are coated, covered, impregnated, or laminated with plastics are
classifiable. In addition, it provides guidance on the classification of
combinations of textile and plastics. Note 2 states in part that heading
5903, HTS, applies to:

\(a\) Textile fabrics, impregnated, coated, covered or laminated with
plastics, whatever the weight per square meter and whatever the nature
of the plastic material (compact or cellular), other than:

\(1\) Fabrics in which the impregnation, coating or covering cannot be
seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the
purposes of this provision, no account should be taken of any resulting
change in color;

\(2\) Products which cannot, without fracturing, be bent manually around
a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C
(usually chapter 39)

\(3\) Products in which the textile fabric is either completely embedded
in plastics or entirely coated or covered on both sides with such
material, provided that such coating or covering can be seen with the
naked eye with no account being taken of any resulting change of color
(chapter 39);

Since the coating on the nylon fabric, designated as style #N070, is not
visible to the naked eye except for a change in color, it is not
considered a coated fabric for the purposes of classification in heading
5903, HTS.

The applicable subheading for the cotton woven fabric, designated as
style RT#11, will be 5208.12.6060, 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 not more
than 200 g/m2, unbleached, plain weave, weighing more than 100 g/m2, of
numbers 43 to 68, printcloth. The duty rate will be 9 percent ad
valorem.

The applicable subheading for the cotton woven fabric designated as
style #43468 cotton ripstop will be 5209.11.0020, 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, unbleached, plain weave, poplin or broadcloth. The duty
rate will be 6.5 percent ad valorem.

The applicable subheading for the polyester blend woven fabric
designated as style \# TW-MACHU will be 5407.92.2020, Harmonized Tariff
Schedule of the United States (HTS), which provides for woven fabrics of
synthetic filament yarn, including woven fabrics obtained from the
materials of heading 5404, other woven fabrics, dyed, other, other,
poplin or broadcloth. The duty rate will be 16 percent ad valorem.

The applicable subheading for the nylon woven fabric designated as style
\# N070 will be 5407.42.0060, Harmonized Tariff Schedule of the United
States (HTS), which provides for woven fabrics of synthetic filament
yarn, including woven fabrics obtained from materials of heading 5404,
other woven fabrics, containing 85 percent or more by weight of
filaments of nylon or other polyamides, dyed, weighing more than 170
g/m2. The duty rate will be 16 percent ad valorem.

Style RT #11 falls within textile category designation 315. Based upon
international textile trade agreements products of China are subject to
quota and the requirement of a visa.

Style #43468 cotton ripstop falls within textile category designation
314. Based upon international textile trade agreements products of China
are subject to quota and the requirement of a visa.

Style \# TW-MACHU falls within textile category designation 625. Based
upon international textile trade agreements products of Taiwan are
subject to quota and the requirement of a visa.

Style \# N070 falls within textile category designation 620. Based upon
international textile trade agreements products of Taiwan 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]{.underline}, 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