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NY 894574



February 16, 1994

CLA-2-59:S:N:N6:350 894574

CATEGORY: CLASSIFICATION

TARIFF NO.: 5905.00.9000

Mr. Harold W. Metal
MLM Importers
2337 Lemoine Avenue, Suite 215
Fort Lee, NJ 07024

RE: The tariff classification of a needlepunched wallcovering fabric, from China.

Dear Mr. Metal:

In your letter dated December 20, 1993, which was received by this office February 8, 1994, you requested a tariff classification ruling. The manufacturer is WUXI County Non-Woven Textile Experimental Factory.

The instant sample, which was not identified as to style or quality number, is a white needleloom material so needled as to create a ribbed or corduroy effect. It is composed of 100% polyester man-made fibers. It measures about 36 inches in width and has been treated on the back to permit pasting. Your letter states that the principal use of this material is for wallcovering (commercial- acoustic).

The applicable subheading for the product will be 5905.00.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile wall coverings, not backed with permanently affixed paper. The rate of duty will be 12.5 percent ad valorem.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

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 renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs Office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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