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NY L83026




July 12, 2005

CLA-2-55:RR:NC:TA:352 L83026

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0090

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

RE: The tariff classification of two brushed polyester dobby woven fabrics from China.

Dear Ms. Fiorito:

In your letter dated March 14, 2005 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. Laboratory analysis of the first, designated as style “Velvet Stitch”, indicates that it is a dobby woven fabric composed of 63.6% staple polyester and 36.4% filament polyester. Although wholly woven with filament yarns, a subsequent brushing operation has broken the fiber in the filling yarns transforming them into yarns composed of staple fibers. The fabric is characterized by a mottled and textured appearance caused by the brushing process which has raised fiber on one side of the fabric in a regular pattern. This product has been constructed using yarns of different colors. Weighing 284.6 g/m2, this fabric will be imported in 147 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

Laboratory analysis of the sample designated as style “HK41104” indicates that it is a dobby woven fabric composed of 69% staple polyester and 31% filament polyester. Although wholly woven with filament yarns, a subsequent brushing operation has broken the fiber in the filling yarns transforming them into yarns composed of staple fibers. The fabric is characterized by a mottled and textured appearance caused by the brushing process which has raised fiber on one side of the fabric in a regular pattern. This product has been constructed using yarns of different colors. Weighing 342 g/m2, this fabric will be imported in 147 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

The applicable subheading for both the dobby woven fabrics designated as style “Velvet Stitch” and “HK41104” will be 5515.12.0090, 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 man-made filaments, other. The duty rate will be 12 percent ad valorem.

Both fabrics fall within textile category designation 629. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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