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NY I81933




August 2, 2002

CLA-2-54:RR:NC:TA:352 I81933

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.92.2050

Mr. Fred Wolf
Hoffman Mills
35 Springhouse Road
Shippensburg, PA 17257-0309

RE: The tariff classification of a woven laminated fabric from Korea.

Dear Mr. Wolf:

In your letter dated May 16, 2002 you requested a classification ruling.

The submitted sample, designated as style DH-2059 T/C Bonding, is a laminated fabric consisting of a face fabric bonded to a backing fabric with an adhesive which is not visible in cross section. Laboratory analysis indicates that the face fabric is a dyed 4 X 1 satin woven product composed of 57.5% filament polyester, 26.6% staple polyester and 15.9% staple nylon. It contains 90 single yarns per centimeter in the warp and 40 single yarns per centimeter in the filling. Weighing 170.3 g/m2, the face fabric has been buffed on its outer surface creating a soft napped surface. The buffing operation has broken some of the filament yarns and accounts for the laboratory finding that the face fabric is in part composed of polyester and nylon staple fibers. The backing fabric is a bleached plain woven fabric composed of 62.9% staple polyester and 37.1% cotton. This fabric weighs approximately 101.1 g/m2 and has been glued to the face fabric with an adhesive. The total weight of the laminated fabric including the weight of the adhesive, the face fabric and the backing fabric is 287.2 g/m2. Based on the relative value, weight and use of the components that form this product, it has been determined that the face fabric imparts this fabric with its essential character.

The applicable subheading for the laminated fabric will be 5407.92.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, dyed, other, other, satin weave or twill weave. The duty rate will be 15.3 percent ad valorem.

This fabric falls within textile category designation 628. Based upon international textile trade agreements products of Korea 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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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