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NY M81299




March 23, 2006

CLA-2-54:RR:NC:TA:352 M81299

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.61.9945

Mr. Robert C. Thompson
W.J. Byrnes & Co. of Los Angeles, Inc.
P.O. Box 90595
Los Angeles, CA 90009

RE: The tariff classification of a 100% non-textured filament polyester plain woven fabric from China.

Dear Mr. Thompson:

In your letter dated March 17, 2006, on behalf of your client Saro Trading Company you requested a classification ruling.

The submitted sample, designated as “Decorative Fabric”, is a plain woven fabric composed of 100% non-textured filament polyester. It contains 39.4 single yarns per centimeter in the warp and 29.9 single yarns per centimeter in the filling. This item has been constructed using yarns of different colors. Weighing approximately 68.4 g/m2, the fabric will be imported in 150 centimeter widths. This product has been cut to 3 yard lengths and packaged in plastic for marketing as a decorative fabric for use as a tree skirt, table skirt, garland, table centerpiece or for similar household decorative uses.

The applicable subheading for the plain woven fabric will be 5407.61.9945, 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, containing 85 percent or more by weight of polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments other, other, of yarns of different colors, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 14.9 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 619. 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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