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NY M82280




May 4, 2006

CLA-2-54:RR:NC:TA:352 M82280

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.73.2015

Mr. Brett Ian Harris
1200 G Street, NW, Suite 800
Washington, DC 20005

RE: The tariff classification of a bonded fabric consisting of a polyester/polypropylene blend jacquard woven face fabric laminated to a polyester nonwoven backing fabric from Belgium.

Dear Mr. Harris:

In your letter dated April 27, 2006, on behalf of your client Global Textile Alliance, Inc, you requested a classification ruling.

The submitted sample, designated as style “Supreme”, is a bonded fabric consisting of jacquard woven face fabric laminated to a nonwoven backing fabric. There is no evidence of a plastic adhesive when the bonded fabric is examined in cross section with the naked eye. The face fabric, constructed with yarns of different colors, is composed of 55% filament polyester and 45% filament polypropylene. It is characterized by a complex weave featuring long floats accented by subtly shaded dots. The face fabric weighs 125 g/m2 and contains 32 single yarns per centimeter in the warp and 9 single yarns per centimeter in the filling. The backing fabric, weighing 15 g/m2, is a 100% polyester nonwoven fabric. After bonding the fabric has been coated with an application of acrylic plastic, however, the plastic coating is not visible to the naked eye. This product will be imported in 215 to 220 centimeter widths. Your correspondence indicates that this fabric will be used as mattress ticking. Based on the relative weight, value and function of the fabrics that form this composite good, it is the face fabric which imparts this item with its essential character.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903, HTS, applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color;

(2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39)

(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);

(4) Fabrics partially coated or partially covered with plastic and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60);

Since the plastic coating on the fabric designated as style “Supreme” is not visible to the naked eye, the fabric is not considered a coated fabric either for the purposes of classification in heading 5903, HTS, as a coated fabric of textile nor as a plastic product of chapter 39.

The applicable subheading for the fabric designated as style “Supreme” 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 product falls within textile category designation 620. At the present time this item 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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