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NY M81562





April 6, 2006

CLA-2-52:RR:NC:TA:352 M81562

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020

Ms. Liza V. Schaeffer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, New York 10022-4877

RE: The tariff classification of two cotton/polyester blend jacquard woven fabrics from China.

Dear Ms. Schaeffer:

In your letter dated March 27, 2006, on behalf of your client H.M. Richards, Inc. you requested a classification ruling. The submitted samples are being returned as requested.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style HMR 2936-09 “Berkshire 6”, is a jacquard woven fabric composed of 71.6% cotton and 28.4% filament polyester. Manufactured using yarns of different colors, this product is characterized by a complex weave featuring a woven in diamond pattern accented by a border created by curving swirls and curlicues. The fabric has been constructed using 150 denier filament polyester yarns in the warp and 10/1 c.c. cotton yarns in the filling. Weighing 367 g/m2, this item will be imported in 145 centimeter widths.

Style HMR 2937-09 “Bridgeport 6” is a jacquard woven fabric composed of 71.6% cotton and 28.4% filament polyester. It is characterized by a complex weave and features stripes of various widths created by altering the interlacing pattern in groups of warp yarns. This product is manufactured from yarns of different colors and has been constructed using 150 denier filament polyester yarns in the warp and 10/1 c.c. cotton yarns in the filling. Weighing 367 g/m2, this fabric will be imported in 145 centimeter widths.

The applicable subheading for the two jacquard woven fabrics designated as styles HMR 2936-09 “Berkshire 6” and HMR 2937-09 “Bridgeport 6” will be 5211.49.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabric of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven. The duty rate will be 8.1 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/.

Both fabrics fall within textile category designation 220. At the present time these two fabrics 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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