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NY L87397




October 31, 2005

CLA-2-55:RR:NC:TA:352 L87397

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0040

Ms. Joyce Frase
Schott International, Inc.
P.O. Box 7152
Akron, Ohio 44306-0152

RE: The tariff classification of a brushed 100% polyester satin woven fabric from China.

Dear Ms. Frase:

In your letter dated August 3, 2005 you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as “Polyester Woven Sueded Fabric”, indicates that it is a satin woven fabric composed of 56% staple polyester and 44% filament polyester. Although this product was wholly woven with polyester filament yarns, a subsequent brushing or sanding process has broken the fiber in a portion of the yarns creating a fabric which is in part of staple fiber yarns. The fabric is characterized by a dense fibrous surface on the brushed side and features yarns of different colors. Weighing 166.7 g/m2, this item will be imported in 149 centimeter widths. Your correspondence indicates that this fabric will be marketed as an upholstery fabric.

The applicable subheading for the satin woven fabric designated as “Polyester Woven Sueded Fabric” will be 5515.12.0040, 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, satin weave or twill weave. The duty rate will be 12 percent ad valorem.

This satin woven 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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