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PD A82093

April 25, 1996

CLA-2-56:C:O:D:H14 A82093

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.94.9030

Ms. Laura Denny
CBT International, Inc.
110 West Ocean Blvd.
Suite 1003 Long Beach
California 90802

The tariff classification of nonwoven fabric made in Australia

Dear Ms. Denny:

In your letter dated March 27, 1996, you requested a tariff classification ruling. The prospective import is described as "Front Runner" wall covering material which is made in Australia. It will be imported by your client, Melded Fabrics, Inc. of Cerritos, California. The prospective port of entry is Los Angeles, Long Beach, California.

Samples of four styles of Front Runner fabric have been submitted. These styles are Classic, Serenade, Overture and Hobnail. Each style has a distinct pattern created by the textured surface. All styles have the same general properties and have been formed by the same method. The technical specification sheet indicates that the fabric has a standard width of 55 inches and is imported in rolls containing approximately 30 yards each. The Front Runner fabric is made of thermally bonded polyester and nylon fiber and has a nominal weight of 300 to 340 grams per square meter. You state that imports will be marked with the country of origin.

You have suggested that the material should be classified under HS 5905.00.90 as textile wall covering. The fabric has no backing, nor does it appear to have been treated on the back (impregnated or coated to permit pasting) as specified in Note 3 to Chapter 59 of the Harmonized Tariff Schedule of the United States.

The applicable subheading for the Front Runner fabric will be 5603.94.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwoven fabric, whether or not impregnated, coated, covered or laminated, other, weighing over 150 grams per square meter. The rate of duty will be 7.5%.

This ruling is being issued under the provisions of Section 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.

Sincerely,

Joseph J. Wilson
Port Director

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