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NY K89801




October 19, 2004

CLA-2-60:RR:NC:TA:352 K89801

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000

Mr. A. Craig McGhee
Culp, Inc.
P.O. Box 2686
High Point, NC 27261-2686

RE: The tariff classification of a three layer laminated upholstery fabric from China.

Dear Mr. McGhee:

In your letter dated September 13, 2004 you requested a classification ruling.

The submitted sample, designated as style “Wild Thing” item # AHD-0391, is laminated upholstery fabric consisting of three layers. The outer layer is a dyed 100% filament polyester warp knit fabric. This face fabric is characterized by a dense fibrous surface that has been created by brushing the exposed side of the fabric. It weighs approximately 154 g/m2. The backing fabric is a dyed 100% staple polyester weft knit fabric of looped pile construction. It weighs approximately 220 g/m2. Both the face fabric and the backing fabric have been laminated to a core layer of cellular polyurethane plastic which is visible in cross section. Weighing 407 g/m2, this laminated product will be imported in 147 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

The applicable subheading for the laminated upholstery fabric designated as style “Wild Thing” # AHD-0391, will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. The duty rate will be 17.2 percent ad valorem.

This laminated upholstery fabric falls within textile category designation 224. 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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