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NY K85375




October 14, 2004

CLA-2-51:RR:NC:TA:352 K85375

CATEGORY: CLASSIFICATION

TARIFF NO.: 5111.30.9000

Ms. Karen Cuccia
ClearFreight Inc.
880 Apollo Street, Suite 101
El Segundo, CA 90245

RE: The tariff classification of a wool/nylon blend woven fabric from Korea.

Dear Ms. Cuccia:

In your letter dated April 20, 2004, on behalf of your client Bernet International Trading LLC, you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “Wool” #1025966, indicates that it is a dyed woven fabric composed of 66% carded wool and 34% staple nylon. Your correspondence indicates that the fabric has been interlaced using an oxford weave. It is said to contain 10.6 yarns per centimeter in the warp and 9.4 yarns per centimeter in the filling. Weighing 403 g/m2, this product will be imported in 152 centimeter widths. This fabric will be used to produce appliqués by cutting the fabric into various shapes representing for example fruits, vegetables, flowers etc. and sewing them onto a base fabric to form various decorative and functional items such as wall hangings.

Your letter suggests that you believe that this fabric should be classifiable as upholstery fabric or tapestry fabric of carded wool. This is not possible since this fabric is not of the class of kind of fabric principally used as upholstery fabric nor does it fall within the definition of tapestry fabric. The fabric will not be used for upholstery uses nor does it conform to many of the characteristics that define the class of upholstery fabrics. In addition, tapestry fabrics are in general jacquard woven fabrics which are characterized by a woven design or scene. This fabric has been brushed and displays no visible woven design or scene. It is not jacquard woven and displays no characteristics that would identify it as a tapestry fabric.

The applicable subheading for the woven wool/nylon blend fabric will be 5111.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of carded wool or carded fine animal hair, other, mixed mainly or solely with man-made staple fibers, other. 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 Korea 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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