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NY L83728




August 24, 2005

CLA-2-54:RR:NC:TA:352 L83728

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.93.2050

Mr. Bob Glover
L.E. Coppersmith, Inc.
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245

RE: The tariff classification of a bonded fabric consisting of a polyester satin woven face fabric laminated to a dyed 100% polyester weft knit backing fabric from China.

Dear Mr. Glover:

In your letter dated March 31, 2005, on behalf of your client Morgan Fabrics Corporation you requested a classification ruling. The fabric sample you submitted has been consumed in analysis and therefore cannot be returned to you.

The submitted sample, designated as style “”Suave Suede”, is a bonded fabric consisting of a woven face fabric laminated by means of a plastic adhesive to a knit backing fabric. The plastic adhesive that laminates the two fabrics together is not visible in cross section. Laboratory analysis indicates that the face fabric is a satin woven fabric composed of 51.5% filament polyester and 48.5% staple polyester. This product is characterized by a dense fibrous surface that has been created by brushing or sanding the exposed surface of the face fabric subsequent to weaving. Although the face fabric was initially woven with filament yarns, the brushing or sanding process has broken the fiber in a portion of the yarns transforming the fiber in those yarns from filament to staple fiber. The face fabric is constructed with yarns of different colors and weighs 168.1 g/m2. The backing fabric is a dyed 100% filament polyester weft knit fabric that weighs approximately 88.7 g/m2. The backing fabric serves to stiffen and reinforce the face fabric. The combined bonded fabric weighs 256.8 g/m2 and will be imported in 144 centimeter widths. Based on the relative value, weight, function and decorative appeal of the two components that form this product, it is the face fabric which imparts this composite good with its essential character.

The applicable subheading for the bonded fabric designated as style “Suave Suede” will be 5407.93.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, of yarns of different colors, other, other, other, satin weave or twill weave. The duty rate will be 12 percent ad valorem.

This fabric falls within textile category designation 628. 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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