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NY L83729




August 17, 2005

CLA-2-60:RR:NC:TA:352 L83729

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0010

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 100% polyester warp knit fabric of cut pile construction laminated to a polyester/rayon blend plain woven backing fabric by means of a cellular plastic central layer 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. As requested, the portion of the fabric not consumed in analysis is being returned to you.

The submitted sample, designated as style “Lavish” color “Luxury Camel”, is a bonded fabric consisting of a dyed warp knit face fabric of cut pile construction laminated to a unbleached or bleached plain woven backing fabric by means of a central core of cellular plastic. The face fabric is composed of 100% polyester and is characterized a lush dense soft pile surface. Weighing 273.6 g/m2, this fabric will be flame bonded to the central core of cellular plastic. It contains 14.2 stitches per centimeter in the vertical direction. The middle layer of this product is a 0.4 millimeter layer of cellular plastic foam which is visible in cross section. The backing fabric is an unbleached or bleached plain woven fabric composed of 76.8% polyester and 23.2% rayon. It weighs approximately 106.6 g/m2 and functions as a support and reinforcement for the face fabric. The bonded fabric will be imported in 145 centimeter widths and will be used as an upholstery fabric.

The applicable subheading for the bonded fabric designated as style “Lavish” will be 6001.92.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, other, of man-made fibers, over 271 grams per square meter, velour. The duty rate will be 17.2 percent ad valorem.

This fabric falls within textile category designation 224. 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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