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NY L84435




May 2, 2005

CLA-2-55:RR:NC:N3:351 L84435

CATEGORY: CLASSIFICATION

TARIFF NO.: 5503.20.0065

Pam Escarre
General Manager
Marisol International
1255-A Lynnfield Road
Suite 257
Memphis, TN 38119

RE: The tariff classification of polyester staple fiber from China

Dear Ms. Escarre:

In your letter dated April 22, 2005, you requested a tariff classification ruling on behalf of United Furniture Industries, Inc., of Okolona, Mississippi.

The submitted sample is polyester staple fiber that you indicate is to be used for stuffing furniture such as sofas and chairs. You state that the fiber has no outer sheath and the denier measure is 15 (16.5 decitex).

The applicable subheading for the polyester staple fiber will be 5503.20.0065, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic staple fibers, not carded, combed, or otherwise processed for spinning: of polyesters:Other:Measuring 13.2 decitex or more. The rate of duty will be 4.3 percent ad valorem.

The merchandise in question may be subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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