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NY J84339




May 6, 2003

CLA-2-54:RR:NC:TA:352 J84339

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.73.2015

Ms. Rashima Sonson
Blumenthal Print Works, Inc.
P.O. Box 13395
New Orleans, Louisiana 70185-3395

RE: The tariff classification of two filament man-made fiber jacquard woven fabrics of yarns of different colors from China.

Dear Ms. Sonson:

In your letter dated April 25, 2003 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style “Cream”, is a jacquard woven fabric composed of 53% filament polypropylene and 47% filament polyester. It has been constructed using yarns of different colors and contains 37.8 single yarns per centimeter in the warp and 13.4 single yarns per centimeter in the filling. It is characterized by an elaborate woven design featuring stylized leaves. Weighing 150.9 g/m2, this product will be imported in 231 centimeter widths. Your correspondence indicates that this item will be used as mattress ticking.

Style “Blue”, is a jacquard woven fabric composed of 67% filament polyester and 33% filament polypropylene. It has been constructed using yarns of different colors and contains 37.8 single yarns per centimeter in the warp and 9.5 single yarns per centimeter in the filling. It is characterized by an elaborate woven design. Weighing 116 g/m2, this product will be imported in 231 centimeter widths. Your correspondence indicates that this item will be used as mattress ticking.

The applicable subheading for both the jacquard woven mattress ticking fabrics will be 5407.73.2015, 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, containing 85 percent or more by weight of synthetic filaments, of yarns of different colors, other, weighing not more than 170 g/m2. The duty rate will be 9.4 percent ad valorem.

Both jacquard woven fabrics fall within textile category designation 620. 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 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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