HQ 956513

September 30, 1994

CLA-2 CO:R:C:T 956513 jb

CATEGORY: Classification

TARIFF NO.: 5516.43.0090

Mr. Ba-Sang Yeung

Hong Kong Economic and Trade Office

British Embassy

1150 18th Street, N.W., Suite 475

Washington, D.C. 20036

RE: Textile category designation of rayon/cotton/spandex blend

sateen woven fabric; Subheading Note 1(h) to Section XI;

fabric does not meet the definition for \"dyed woven fabric\";

meets definition for woven fabric of yarns of different colors;

absence of uniformity of color

Dear Mr. Yeung:

This is in response to your letter, dated May 24, 1994, on

behalf of Peyk International, Inc., regarding the classification

and textile category designation of a rayon/cotton/spandex blend

sateen woven fabric. A sample was submitted to this office for

examination and will be returned under separate cover.

FACTS:

The fabric in question consists of a rayon cotton stretch

sateen and is composed of 64 percent staple rayon, 35 percent

cotton and 1 percent filament spandex. You state that the fabric

contains 58.3 warp ends per centimeter and 19.7 filling picks per

centimeter, and is constructed using 20/1 c.c yarns in the warp

and a combination of 16/1 c.c. staple cotton yarns and 40 denier

filament spandex yarns plied together in the filling. The fabric

will be imported in 125 centimeter widths, is woven with a 4 by 1

satin weave, and weighs approximately 8 ounces per square yard.

You indicate that the fabric has been piece dyed and that

the different shades of green manifested after the dyeing process

is a result of the difference in fiber content between the warp

and filling. Consequently, you contend that the proper textile

designation for the fabric is not textile category 218(1), which

provides for fabrics of yarns of different colors, but textile

category 617, which provides for chief weight man-made fibers, twill and
sateenwoven fabric. Furthermore, you state that as the \"Agreed Minutes
between Hong Kong and the

United States\", signed in 1989, determined that textile category 218(1)
covers only yarn dyed

fabrics, the subject sample, which is piece dyed, is precluded from
classification in textile category

218(1).

ISSUE:

Whether the subject fabric is classifiable as a fabric of yarns of
different color or as a dyed

woven fabric?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff System of the
United States

Annotated (HTSUSA), is in accordance with the General Rules of
Interpretation (GRI). GRI 1

requires that classification be determined according to the terms of the
headings and any relative

section or chapter notes. Where goods cannot be classified solely on the
basis of GRI 1, the

remaining GRI will be applied, in the order of their appearance.

The textile category designation for the fabric is based on the
classification of the fabric

under the HTSUSA. Note 2(A) to Section XI, HTSUSA, states:

Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and
of a mixture

of two or more textile materials are to be classified as if consisting
wholly of that one

textile material which predominates by weight over each other single
textile material.

When no one textile material predominates by weight, the goods are to be
classified as

if consisting wholly of that one textile material which is covered by
the heading which

occurs last in numerical order among those which equally merit
consideration.

The subject sample is constructed of 64 percent staple rayon, 35 percent
cotton and 1

percent filament spandex. As staple rayon predominates by weight, the
fabric is classifiable in

chapter 55, HTSUSA, as a woven fabric of man-made staple fibers.

Note 1 to chapter 54, HTSUSA, defines the terms \"man-made fibers\",
\"synthetic fibers\",

and \"artificial fibers\":

Throughout the tariff schedule, the term \"man-made fibers\" means
staple fibers and

filaments of organic polymers produced by manufacturing processes,
either:

\(a\) By polymerization of organic monomers, such as polyamides,
polyesters, polyurethanes or polyvinyl derivatives; or

\(b\) By chemical transformation of natural organic polymers (for
example,

cellulose, casein, proteins or algae), such as viscose rayon, cellulose

acetate, cupro or alginates.

The terms \"synthetic\" and \"artificial\", used in relation to fibers,
mean: synthetic: fibers

as defined at (a); artificial: fibers as defined at (b).

Since rayon is an organic polymer produced by the chemical
transformation of natural

organic polymers, it meets the definition for artificial man-made
fibers. As such, the fabric is

classifiable in heading 5516, HTSUSA, which provides for woven fabrics
of artificial staple fibers.

In part, General Note (I)(A)(5) to the Explanatory Notes to the
Harmonized Commodity

Description and Coding System (EN) to Section XI, HTSUSA, states:

When deciding if an admixture is mainly a particular textile material,
regard is to be

taken to the textile material which predominates by weight over any
other single textile

material in the admixture.

The only other textile materials (other than staple rayon) present in
the subject sample are cotton

(35 percent) and filament spandex (1 percent). As cotton predominates by
weight over spandex,

this fabric is said to be mixed mainly with cotton. Accordingly,
following the above steps, this

fabric is a woven fabric of artificial staple fiber, containing less
than 85 percent by weight of

artificial staple fibers, mixed mainly with cotton.

The next step is to distinguish between fabrics of yarns of different
colors and dyed woven

fabric. You state that the subject sample belongs to the latter
category. Subheading Note 1(h) to

Section XI, HTSUSA, defines woven fabric of yarns of different colors
as:

Woven fabric (other than printed woven fabric) which:

\(i\) Consists of yarns of different colors or yarns of different shades
of the same

color (other than the natural color of the constituent fiber); (emphasis

added)

\(ii\) Consists of unbleached or bleached yarn and colored yarn; or

\(iii\) Consists of marl or mixture yarns.

(In all cases, the yarn used in selvages and piece ends is not taken
into consideration.)

The subject sample meets the definition set out in Subheading Note
1(h)(i) as it is

composed of yarns of different shades of the same color. It should be
noted that this note is not

limited by any particular process to achieve the result of a fabric of
yarns of different colors.

Subheading Note 1(g) to Section XI, HTSUSA, defines \"dyed woven
fabric\" as woven

fabric which:

\(i\) Is dyed a single uniform color other than white (unless the
context otherwise

requires) or has been treated with a colored finish other than white
(unless the

context otherwise requires), in the piece; or

\(ii\) Consists of colored yarn of a single uniform color.

It should be clear that the instant fabric does not meet the criteria
set out by the definition.

The fabric has not been dyed a uniform color, as is evident in the warp
and filling yarns which are

not a uniform shade of green. As such, it is our opinion that the
subject fabric is a woven fabric of

yarns of different colors. Additionally, it is a misinterpretation of
the Agreed Minutes between

Hong Kong and the United States to state that category 218(1) covers
only yarn dyed fabrics. In

fact, this agreement does not specifically address the scope of category
218 or 218(1), but does

refer to fabrics made with yarns of different colors and not yarn dyed
fabrics.

In several Customs rulings it was determined that fabric which was piece
dyed was

nonetheless classified as woven fabric of yarns of different colors
because the variation in fiber

content between the warp and filling resulted in the selective dyeing of
the individual fiber types,

which lead to a fabric containing yarns of different colors. (See, NY
860154, dated February 26,

1991; NY 860153, dated February 26, 1991; NY 857011, dated October 26,
1990; NY 857061,

dated October 26, 1990; and NY 860182, dated February 26, 1990).

As the fabric is a satin weave it is not classifiable in the statistical
provision for either blue

denim or jacquard woven fabrics. Thus, the subject fabric is
classifiable in subheading

5516.43.0090, HTSUSA.

HOLDING:

The subject fabric is a woven fabric composed of yarns of different
colors and is

classifiable in subheading 5516.43.0090, HTSUSA, which provides for
woven fabrics of artificial

staple fibers, containing less than 85 percent by weight of artificial
staple fibers, mixed mainly or

solely with cotton, of yarns of different colors, other, other. The
applicable rate of duty is 17

percent ad valorem and the textile category designation is 218.

The designated textile and apparel category 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 negotiations and

changes, we suggest that you check, close to the time of shipment, the
Status Report on Current

Import Quotas (Restraint Levels), an issuance of the U.S. Customs
Service which is updated

weekly and is available at the local Customs office.

Due to the changeable nature of the statistical annotation (the ninth
and tenth digits of the

classification) and the restraint (quota/visa) categories, you should
contact the local Customs

office prior to importing the merchandise to determine the current
status of any import restraints

or requirements.

Sincerely,

John Durant, Director

Commercial Rulings Division