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NY J82829




June 5, 2003

CLA-2-54:RR:NC:TA:352 J82829

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.93.2050; 5515.12.0040

Ms. Leslie Araki
SST International
10415 S. La Cienega Blvd.
P.O. Box 45055
Los Angeles, CA 90045

RE: The tariff classification of three bonded fabrics from Taiwan.

Dear Ms. Araki:

In your letter dated March 25, 2003, on behalf of your client Dorell Fabrics Co., you requested a classification ruling.

Three sample of woven laminated fabrics accompanied your request for a ruling. The first, designated as style M4826T “Dynasty Beige”, is a bonded fabric consisting of a woven face fabric laminated to a woven backing fabric by means of a plastic adhesive which is not visible in cross section. Laboratory analysis indicates that the face fabric is a satin woven fabric composed of 54.7% filament polyester and 45.3% staple polyester. It is constructed using yarns of different colors. The face fabric contains 96 single yarns per centimeter in the warp and 34 single yarns per centimeter in the filling. The exposed surface of the face fabric has been heavily buffed or sanded creating a dense fibrous surface. The buffing process has broken the fiber of a portion of the yarns creating some yarns that have the characteristics of staple fiber. The face fabric weighs approximately 233.4 g/m2. The backing fabric is a bleached plain woven fabric composed of 58.9% cotton and 41.6% staple polyester. This fabric weighs 204.8 g/m2. The combined bonded fabric weighs 451.9 g/m2 and will be imported in 150 centimeter widths. Based on the value and use of the components that form this product, it is the face fabric which imparts this fabric with its essential character.

Style M4952T “Majestic Camel” is a bonded fabric consisting of a woven face fabric laminated to a woven backing fabric by means of a plastic adhesive which is not visible in cross section. Laboratory analysis indicates that the face fabric is a satin woven fabric composed of 40.5% filament polyester and 59.5% staple polyester. It is constructed using yarns of different colors. The face fabric contains 96 single yarns per centimeter in the warp and 34 single yarns per centimeter in the filling. The exposed surface of the face fabric has been heavily buffed or sanded creating a dense fibrous surface. The buffing process has broken the fiber of a portion of the yarns creating some yarns that have the characteristics of staple fiber. The face fabric weighs approximately 181.2 g/m2. The backing fabric is a bleached plain woven fabric composed of 43.9% cotton and 56.1% staple polyester. This fabric weighs 126.9 g/m2. The combined bonded fabric weighs 348 g/m2 and will be imported in 150 centimeter widths. Based on the value and use of the components that form this product, it is the face fabric which imparts this fabric with its essential character.

Style M4832T “Allure”, is a bonded fabric consisting of a woven face fabric laminated to a woven backing fabric by means of a plastic adhesive which is not visible in cross section. Laboratory analysis indicates that the face fabric is a satin woven fabric composed of 49.1% filament polyester and 50.9% staple polyester. It is constructed using yarns of different colors. The face fabric contains 96 single yarns per centimeter in the warp and 34 single yarns per centimeter in the filling. The exposed surface of the face fabric has been heavily buffed or sanded creating a dense fibrous surface. The buffing process has broken the fiber of a portion of the yarns creating some yarns that have the characteristics of staple fiber. The face fabric weighs approximately 256.6 g/m2. The backing fabric is a bleached plain woven fabric composed of 44.6% cotton and 55.4% staple polyester. This fabric weighs 124.6 g/m2. The combined bonded fabric weighs 399.4 g/m2 and will be imported in 150 centimeter widths. Based on the value and use of the components that form this product, it is the face fabric which imparts this fabric with its essential character.

The applicable subheading for the fabric designated as style M4826T “”Dynasty Beige” will be 5407.93.2050, 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, of yarns of different colors, other, other, other, satin weave or twill weave. The duty rate will be 12.5 percent ad valorem.

The applicable subheading for the two bonded fabrics designated as styles M4952T “Majestic Camel” and M4832T “Allure” 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 12.5 percent ad valorem.

All three bonded fabrics fall within textile category designation 628. Based upon international textile trade agreements products of Taiwan 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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