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NY M83796




November 22, 2006

CLA-2-60:RR:NC:TA:352 M83796

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000

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

RE: The tariff classification of a bonded upholstery fabric consisting of a 100% polyester warp knit face fabric of looped pile construction laminated to a 100% polyester plain woven backing fabric from China.

Dear Mr. Harris:

In your letter dated May 24, 2006, on behalf of your client Global Textile Alliance, Inc., you requested a classification ruling.

Laboratory analysis of the sample, designated as style “Italian Stallion”, indicates that it is a bonded fabric consisting of a warp knit face fabric laminated by means of a plastic adhesive to a plain woven backing fabric. The plastic adhesive that bonds these two fabrics together is not visible in cross section. The face fabric is a printed warp knit fabric of looped pile construction that is composed of 100% filament polyester. The fabric has been brushed on its exposed side creating a dense fibrous surface that has been printed subsequent to brushing. The printing process has matted down the fiber in part and created an irregular design. The face fabric weighs 124.9 g/m2. The backing fabric is an unbleached or bleached plain woven fabric composed of 100% staple polyester. It weighs 120.5 g/m2 and functions to stiffen and reinforce the face fabric. Your correspondence indicates that this fabric will be used as an upholstery fabric.

Note 1 to chapter 60 states in part:

This chapter does not cover:

Knitted or crocheted fabric, impregnated, coated, covered or laminated, of chapter 59. However, knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001.

Since this fabric is a laminated fabric and incorporates a knit pile fabric, Note 1(c) to chapter 60 specifically includes it within the scope of heading 6001, HTS.

The applicable subheading for the bonded fabric designated as style “Italian Stallion” will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. The duty rate will be 17.2 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 224. At the present time goods produced in China that fall within textile category 224 are not subject to either quota restraints or visa requirements. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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