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NY K89990




November 1, 2004

CLA-2-54:RR:NC:TA:352 K89990

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.52.2060

Ms. Joelle Fiorito
Design Resources, Inc.
601 Union Street, Suite 4310
Seattle, Washington 98101-2327

RE: The tariff classification of a bonded upholstery fabric from China.

Dear Ms. Fiorito:

In your undated letter received in this office on October 15, 2004 you requested a classification ruling.

The submitted sample, designated as style HT-5509R with non-woven bonding, is a bonded fabric consisting of a dyed woven face fabric laminated to a non-woven backing fabric by means of a plastic adhesive. The plastic adhesive is not visible in cross section. The face fabric is a dyed dobby woven fabric composed of 100% textured filament polyester. It is constructed using 270 denier multifilament polyester yarns in the warp and 600 denier multifilament polyester yarns in the filling. This face fabric is characterized by a rough textured surface created by a combination of the intricate dobby weave and the characteristics of the yarns that form the fabric. The face fabric weighs approximately 310 g/m2. The backing fabric is a needle loomed fabric composed of staple polyester fibers. It weighs approximately 115 g/m2 and reinforces and adds bulk to the laminated product. The bonded fabric weighs approximately 425 g/m2 and will be imported in 144 centimeter widths. Your letter indicates that this bonded fabric will be used as an upholstery fabric. Based on its function, value and weight , the woven face fabric imparts this composite fabric with its essential character.

The applicable subheading for the Bonded upholstery fabric will be 5407.52.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of textured polyester filaments, dyed, other, weighing more than 170 g/m2. The duty rate will be 14.9 percent ad valorem.

This upholstery fabric falls within textile category designation 620. 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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