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NY L89275




April 7, 2006

CLA-2-58:RR:NC:TA:352 L89275

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.32.0000

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

RE: The tariff classification of a polyester/nylon blend woven upholstery fabric of weft pile construction from China.

Dear Ms. Escarre:

In your letter dated December 15, 2005, on behalf of your client AAdvantage International Fabrics, you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “Verbacord”, indicates that it is a woven fabric of weft pile construction. Manufactured from yarns of different colors, this product is composed of 84.4% polyester and 15.6% nylon. While the base fabric is composed wholly of filament polyester, the pile yarns are composed of a blend of polyester and nylon. This weft pile fabric is characterized by cut pile arranged in wales that run the length of the fabric and is typical of corduroy construction. Weighing 237 g/m2, this item will be imported in 150 centimeter widths. Your correspondence indicates that this fabric will be marketed as an upholstery fabric.

The applicable subheading for the weft pile woven fabric designated as style “Verbacord” will be 5801.32.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, cut corduroy. The duty rate will be 14 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 224. At the present time neither quota restraints nor visa requirements apply to this product. 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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