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NY K85210





April 27, 2004
CLA-2-55:RR:NC:TA:352 K85210

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.13.0520

Mr. Lynden Davis
Excel Global Logistics Inc.
230-39 International Airport Center Blvd. Suite 1000
Jamaica, NY 11413

RE: The tariff classification of a 60% polyester/40% wool blend plain woven fabric from Turkey.

Dear Mr. Davis:

In your letter dated April 14, 2004, on behalf of your client Penelope USA LLC, you requested a classification ruling.

The submitted sample, designated as style Pamukkale 313388-01D, is a plain woven fabric composed of 60% staple polyester and 40% combed wool. It is manufactured using marl or mixture yarns and is considered to be constructed with yarns of different colors. It contains 2 ply yarns in both the warp and the filling. Weighing 393 g/m2, this product will be imported in 150 centimeter widths. Your correspondence indicates that this product will be marketed as an upholstery fabric.

The applicable subheading for the woven fabric designated as style Pamukkale 313388-01D will be 5515.13.05.20, 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 wool or fine animal hair, containing 36 percent or more by weight of wool or fine animal hair, combed. The duty rate will be 25 percent ad valorem.

This fabric falls within textile category designation 410. Based upon international textile trade agreements products of Turkey 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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