The tariff classification of two 100% cotton woven fabrics from China

N115478 July 23, 2010 CLA-2-52:OT:RR:NC:TA:352 CATEGORY: Classification TARIFF NO.: 5209.29.0060; 5803.00.1000 Mr. Gordon C. Anderson C.H. Robinson Worldwide, Inc. Minneapolis International 14800 Charlson Road, Suite 400 Eden Prairie, MN 55347-5048 RE: The tariff classification of two 100% cotton woven fabrics from China Dear Mr. Anderson: In your letter dated July 14, 2010, on behalf of Scott Group Custom Carpets Inc., you requested a tariff classification ruling. The samples are being returned to you as requested. The first submitted sample is identified as “Monk’s Cloth”. It is characterized by having been woven as a plain weave, except that each group of two warp ends is woven as one (taped warp). You describe this fabric as a 100% cotton greige woven cloth with 12 ends per 2.4 cm warp, 12 ends per 2.4 cm weft and weighing 295.48 g/m2. You state that it is not bleached or dyed except for two bleached “marker” threads running the length of the fabric in intervals of approximately 4.3 centimeters. Your correspondence indicates that this fabric will be imported in widths of 2.8 and 9.6 meters, and will be used as a primary backing for carpets. In your letter you suggest that this fabric should be classifiable under subheadings 5209.19.0090 or 5209.49.0090, as unbleached fabric or, alternatively, of yarns of different colors. However, classification under these subheadings is precluded by Subheading Note 1(e)(iii) to Section XI of the Harmonized Tariff Schedule of the United States (HTSUS), which defines bleached woven fabric as fabric which consists of both bleached and unbleached yarn. Therefore this fabric would be considered bleached for tariff purposes. The applicable subheading for Monk’s Cloth will be 5209.29.0060, HTSUS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 220 g/m2: bleached: other fabrics, duck, except plain weave. The rate of duty will be 7.7%. The second fabric sample is identified as “Scrim”. It is characterized by a leno weave which results in an open-work mesh fabric. You describe this fabric as 100% cotton greige leno weave cloth of 5 ends per 2.4 cm warp and 5 ends per 2.4 cm weft, and weighing 62.21 g/m2. Your correspondence indicates that this fabric will be imported in widths of 5 meters and will be used as a secondary backing for carpets. The applicable subheading for “Scrim” will be 5803.00.1000, HTSUS, which provides for gauze, other than narrow fabrics of heading 5806: of cotton. The rate of duty will be Free. 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 http://www.usitc.gov/tata/hts/. 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 Maribeth Dunajski at (646) 733-3045. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division