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NY M83336




June 6, 2006

CLA-2-59:RR:NC:TA:350 M83336

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

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 a plastics coated, textile upholstery fabric, from China.

Dear Ms. Schaeffer:

In your letter dated May 30, 2006, on behalf of H.M. Richards, Inc., Baldwyn, Mississippi, you requested a tariff classification ruling.

Your sample is being returned as requested.

The instant sample, identified as style #4006-26, consists of a woven upholstery fabric, which is composed of a 70% rayon/30% polyester man-made fiber blend. This material has been visibly coated on one side with what your technical specification sheet intimates is an acrylic plastics material. This material has the following composition, by weight:

Wt. Of Textile: 387 g/m² (95%)
Wt. Of Plastic: 20 g/m² ( 5%)
Total Wt.: 407 g/m²

The applicable subheading for the material will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, of man-made fibers, not over 70 percent by weight of plastics. The duty rate is 7.5 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 merchandise falls within textile category designation 229. 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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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