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NY G89748




June 4, 2001

CLA-2-55:RR:NC:TA:352 G89748

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0040

Mr. Benjie Manio
Greatex Mills Inc.
433 Chabanel West #1204
Montreal, Quebec, Canada H2N 2J8

RE: The tariff classification of a polyester 4X1 satin woven fabric and a laminated fabric consisting of a polyester satin woven fabric laminated to a bleached polyester/cotton blend plain woven backing fabric from China.

Dear Mr. Manio:

In your letter dated March 28, 2001, you requested a classification ruling.

Two samples of fabric accompanied your request for a ruling. Laboratory analysis of the first fabric, designated as style number DN2059WR-Sonata single fabric, indicates that this item is a 4X1 satin woven fabric composed of 60.3% staple polyester and 39.7% filament polyester. The fabric is constructed with yarns of different colors and features one side with a suede-like appearance that has been produced by a sanding or brushing process. This product contains 100.7 warp ends per centimeter and 37 filling picks per centimeter. It is manufactured using 105 denier filament polyester yarns in the warp and 160 denier yarns in the filling. The buffing process has broken the fiber in the filling yarns transforming the fibers in these yarns into staple fiber. Weighing 226.3 g/m2, this fabric will be imported in 150 centimeter widths.

Style DN2059WR-Sonata laminated fabric is a laminated fabric consisting of a face fabric assembled in layers with a backing fabric. The adhesive used to join the face and back fabric is not visible in cross section. Laboratory analysis indicates that the face fabric is a satin woven fabric composed of 62.7% staple polyester and 37.3% filament polyester. It is constructed using yarns of different colors and is characterized by a suede-like appearance on the exposed side that has been produced by sanding or brushing the surface. This face fabric contains 103.5 single yarns per centimeter in the warp and 39.3 single yarns per centimeter in the filling. Although woven with filament polyester yarns, the subsequent buffing process has broken the fiber in a portion of the yarns transforming them into staple fiber and accounting for the laboratory’s findings that this product is in part of staple fibers. The face fabric weighs approximately 251 g/m2. The backing fabric is a plain woven bleached fabric composed of 71.4% staple polyester and 28.6% cotton. It weighs approximately 172 g/m2. The combined laminated fabric weighs approximately 423 g/m2 and will be imported in 150 centimeter widths. The essential character of this laminated fabric is imparted by the face fabric which will form the functional surface of this product when it is used in the upholstery industry.

The applicable subheading for both the satin woven single fabric and the laminated double fabric will be 5515.12.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with man-made filaments, satin weave or twill weave. The duty rate will be 13.5 percent ad valorem.

Both these fabrics fall within textile category designation 628. 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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