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NY K82365





January 14, 2004
CLA-2-52:RR:NC:TA:352 K82365

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020

Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118

RE: The tariff classification of a cotton/polyester blend jacquard woven fabric of yarns of different colors from India.

Dear Mr. Brooks:

In your letter dated January 7, 2004 you requested a classification ruling.

The submitted sample, designated as style Floral BX95 color wheat, is a jacquard woven fabric composed of 64% cotton and 36% polyester. It contains 66 warp ends per centimeter and 24 filling picks per centimeter. The fabric is constructed using yarns of different colors. Weighing 417 g/m2, this product will be imported in 140 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

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 8.1 percent ad valorem.

This fabric falls within textile category designation 220. Based upon international textile trade agreements products of India 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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