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NY M80084




April 10, 2006

CLA-2-55:RR:NC:TA:352 M80084

CATEGORY: CLASSIFICATION

TARIFF NO.: 5512.11.0010

Mr. Pete Mento
Expeditors Tradewin, LLC
1015 Third Avenue, 12th Floor
Seattle, WA 98104

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

Dear Mr. Mento:

In your letter dated January 23, 2006, on behalf of your client Louisville Bedding Company, you requested a classification ruling.

Laboratory analysis of the submitted sample indicates that it is a bleached plain woven fabric composed of 100% polyester. It contains 57.5 single yarns per centimeter in the warp and 29.3 single yarns per centimeter in the filling. This product is characterized by a brushed surface resulting in a soft hand and a light nap on one side of the fabric. Although the fabric was initially woven with filament yarns, the subsequent brushing or sanding process has broken the fiber in all of the yarns of both the warp and filling transforming the fiber in these yarns from filament to staple fiber. Consequently, the brushed fabric is composed wholly of staple polyester. Weighing 94.6 g/m2, this product will be imported in 221 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 91 in the metric system. Your correspondence indicates that this item will be used in the production of mattress pads.

The applicable subheading for the bleached plain woven fabric will be 5512.11.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, containing 85 percent or more by weight of polyester staple fibers, unbleached or bleached, poplin or broadcloth. 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 614. At the present time this product is 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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