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NY F80003




November 26, 1999

CLA-2-52:RR:NC:TA:352 F80003

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020

Ms. Kathleen H. Railey
Culp, Inc.
P.O. Box 2686
101 S. Main Street
High Point, NC 27261

RE: The tariff classification of a cotton/polyester blend jacquard woven upholstery fabric from China.

Dear Ms. Railey:

In your letter dated November 19, 1999 you requested a classification ruling.

The submitted sample, designated as style Chantilly Black, is a jacquard woven fabric constructed with yarns of different colors. It is composed of 62.5% cotton and 37.5% filament polyester. This product contains 65.6 single yarns per centimeter in the warp and 25.5 single yarns per centimeter in the filling. It is constructed using 150 denier filament polyester yarns in the warp and 7/1 c.c. cotton yarns in the filling. Weighing approximately 404 g/m2, this item will be imported in 142 centimeter widths. This fabric is characterized by a complex jacquard woven design with a floral motif.

The applicable subheading for the jacquard woven fabric will be 5211.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven. The duty rate will be 8.9 percent ad valorem.

This fabric falls within textile category designation 220. Based upon international textile trade agreements products of 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, 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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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