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NY L89081





March 16, 2006

CLA-2-54:RR:NC:TA:352 L89081

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.93.2090

Ms. Pam Escarre
Marisol International, LLC
1255-A Lynnfield Road, Suite 257
Memphis, TN 38119

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

Dear Ms. Escarre:

In your letter dated November 29, 2005, on behalf of your client AAdvantage International Fabrics, you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “Tampa” number A000349, indicates that it is a brushed woven fabric composed of 51% filament polyester and 49% staple polyester. It features a complex weave and is characterized by a dense fibrous surface created by brushing or sanding one surface of the fabric subsequent to weaving. Although the fabric was initially woven with filament yarns, the subsequent 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 fabric is constructed using yarns of different colors, weighs 259.9 g/m2 and will be imported in 146 centimeter widths. Your correspondence indicates that this product will be used as an upholstery fabric.

The applicable subheading for the woven fabric designated as style “Tampa” will be 5407.93.2090, Harmonized Tariff Schedule of the United States (HTSUS), 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, other. The duty rate will be 12 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This fabric falls within textile category designation 629. At the present time goods produced in China are not subject to either quota restraints or visa requirements. 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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