# NY I82650

June 4, 2002

CLA-2-52:RR:NC:TA:352 I82650

CATEGORY: Classification

TARIFF NO.: 5208.22.6020; 5209.32.0020

Mr. Denni Awana

Inter-Orient Services

1455 Monterey Pass Road, Suite #205

Monterey Park, CA 91754

RE: The tariff classification of two cotton/spandex blend woven fabrics
from Hong Kong or China.

Dear Mr. Awana:

In your letter dated May 28. 2002, on behalf of your client L.M.J. &
Associates, Inc., you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The
first, designated as style SP06 "Stretch Poplin", is a bleached plain
woven fabric composed of 96% cotton and 4% filament spandex. It contains
39.37 warp ends per centimeter and 20.47 filling picks per centimeter.
This product is constructed using 20/1 c.c. yarns in the filling and
gimped 3 ply yarns in the filling consisting of a 40/2 cc. yarn combined
with a 40 denier filament spandex yarn. Weighing 192 g/m^2^, this item
will be imported in 115 centimeter widths. Based on the data provided
the average yarn number for this fabric has been calculated to be 52 in
the metric system.

Style ST08(ST82) "Stretch Twill" is a dyed 2 X 1 twill woven fabric
composed of 96% cotton and 4% filament spandex. It contains 44 warp ends
per centimeter and 17 filling picks per centimeter. Weighing 250 g/m^2^,
this item will be imported in 131 centimeter widths.

The applicable subheading for the plain woven fabric designated as style
SP06 "Stretch Poplin" will be 5208.22.6020, 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/m^2^, bleached, plain weave, weighing more than 100 g/m^2^,
of numbers 43 to 68, poplin or broadcloth. The duty rate will be 9
percent ad valorem.

The applicable subheading for the twill woven fabric designated as style
ST08(ST82) "Stretch Twill" 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/m^2^, dyed, 3-thread or 4-thread twill, including cross
twill, not napped. The duty rate will be 8.5 percent ad valorem.

Style SP06 "Stretch Poplin" falls within textile category designation
314. Based upon international textile trade agreements products of both
Hong Kong and China are subject to quota and the requirement of a visa.

Style ST08(ST82) "Stretch Twill" falls within textile category
designation 317. Based upon international textile trade agreements
products of both Hong Kong and 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]{.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 646-733-3045.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division