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NY K83981





March 18, 2004
CLA-2-55:RR:NC:TA:352 K83981

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.22.0090

Ms. Rashima Sonson
Blumenthal Print Works Inc.
905 South Broad Avenue
New Orleans, Louisiana 70125-1493

RE: The tariff classification of a rayon/polyester blend dyed jacquard woven mattress ticking from China.

Dear Ms. Sonson:

In your letter dated March 11, 2004 you requested a classification ruling.

The submitted sample, designated as style E-1 “50/50 poly/rayon”, is a dyed jacquard woven fabric composed of 50% staple rayon and 50% filament polyester. It is characterized by an elaborate free form woven design featuring a partially brushed facade creating a textured dense fibrous three dimensional surface on one side of the fabric. This product is manufactured using 140 denier filament polyester yarns in the warp and 21/2 c.c. rayon staple yarns in the filling. Weighing 225 g/m2, this fabric will be imported in 249 centimeter widths. Your correspondence indicates that this item will be used as mattress ticking.

The applicable subheading for the dyed jacquard woven fabric will be 5516.22.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, dyed, other. The duty rate will be 14.9 percent ad valorem.

This jacquard woven mattress ticking falls within textile category designation 629. 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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