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NY M82031




August 09, 2006

CLA-2-55:RR:NC:TA:352 M82031

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0040

Ms. Donna Garcia
Blumenthal Print Works, Inc.
905 South Broad Avenue
P.O. Box 13395
New Orleans, Louisiana 70185-3395

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

Dear Ms. Garcia:

In your letter dated March 16, 2006 you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style MS-01-B “Polyester Micro Weft Suede”, indicates that it is a dyed satin woven fabric composed of 53.8% staple polyester and 46.2% filament polyester. It contains 76.4 single yarns per centimeter in the warp and 34.6 single yarns per centimeter in the filling. This product is characterized by a dense fibrous surface created by brushing or sanding one side 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. Weighing approximately 140.5 g/m2, this item will be imported in 230 centimeter widths.

The applicable subheading for the satin woven fabric designated as style MS-01-B “ “Polyester Micro Weft Suede” will be 5515.12.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other woven fabrics of synthetic staple fibers, mixed mainly or solely with man-made filaments, satin weave or twill weave. 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 628. At the present time goods produced in China that fall within this textile category designation 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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