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NY M82034




April 14, 2006

CLA-2-54:RR:NC:TA:352 M82034

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.73.2015

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 bonded fabric consisting of a polyester/polypropylene blend jacquard woven fabric of yarns of different colors laminated to a man-made fiber non-woven backing fabric from China.

Dear Ms. Garcia:

In your letter dated March 6, 2006 you requested a classification ruling.

The submitted sample, designated as style “Micro Laminated” (Yabulang Micro Denier) is a bonded mattress ticking fabric composed of a jacquard woven 55% filament polyester and 45% filament polypropylene face fabric laminated by means of a plastic adhesive to a man-made fiber non-woven backing fabric. The plastic adhesive that bonds these two fabrics together is not visible in cross section. The face fabric contains 38 warp ends per centimeter and 18.5 filling pick per centimeter and is manufactured using yarns of different colors. This product is characterized by a complex woven design featuring a stylized floral motif. The backing fabric serves merely to support the face fabric and weights only approximately 10 g/m2. Weighing 140 g/m2, this bonded product will be imported in 215 centimeter widths. Based on the quantity, value and function of the component fabrics that form this composite good, it is the jacquard woven face fabric which imparts this product with its essential character.

The applicable subheading for the fabric designated as style “Micro Laminated” will be 5407.73.2015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of synthetic filaments, of yarns of different colors, other, weighing not more than 170 g/m2. The duty rate will be 8.5 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 620. 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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