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NY L86844




August 8, 2005

CLA-2-54:RR:NC:TA:352 L86844

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.72.0015

Ms. Regina Matthews
Blumenthal Print Works, Inc.
905 South Broad Avenue
New Orleans, Louisiana 70125-1493

RE: The tariff classification of a polyester/polypropylene blend jacquard woven mattress ticking fabric from China.

Dear Ms. Matthews:

In your letter dated July 25, 2005, you requested a classification ruling.

The submitted sample, designates as style HF002-1 “Hongda”, is a dyed jacquard woven fabric composed of 50% filament polyester and 50% filament polypropylene. It contains 36 single yarns per centimeter in the warp and 18 single yarns per centimeter in the filling. This product is constructed using 150 denier filament polyester yarns in the warp and 300 denier filament polypropylene yarns in the filling. It is characterized by an elaborate woven stylized floral motif. Weighing 145 g/m2, this item will be imported in 231 centimeter widths. The fabric has been coated on one side with acrylic plastic, however, the plastic is not visible to the naked eye. Your correspondence indicates that this item will be used as mattress ticking.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903, HTS, applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color;

(2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39)

(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);

(4) Fabrics partially coated or partially covered with plastic and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60);

Since the plastic coating on the fabric designated as style HF002-1 “Hongda” is not visible to the naked eye, this fabric is not considered a coated fabric either for the purposes of classification in heading 5903, HTS, as a coated fabric of textile nor as a plastic product of chapter 39.

The applicable subheading for the jacquard woven fabric designated as style HF002-1 “Hongda” will be 5407.72.0015, 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, containing 85 percent or more by weight of synthetic filaments, dyed, weighing not more than 170 g/m2. The duty rate will be 14.9 percent ad valorem.

This fabric falls within textile category designation 620. 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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