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NY M83797




June 8, 2006

CLA-2-55:RR:NC:TA:352 M83797

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.13.0000; 6001.92.0030

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

RE: The tariff classification of a 100% rayon jacquard woven mattress ticking fabric and four bonded fabrics consisting of 100% polyester weft knit face fabrics of cut pile construction laminated to plain woven backing fabrics from Belgium and 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.

Five samples of fabric accompanied your request for a ruling. The first, designated as style ”Dreux”, is a jacquard woven fabric composed of 100% staple rayon. It is characterized by an intricate woven design featuring a stylized floral motif. Weighing 431.8 g/m2, this product will be imported in 215 to 220 centimeter widths. Manufactured in Belgium using yarns of different colors, your correspondence indicates that this fabric will be used as mattress ticking.

Style “Maxwell” is a bonded fabric consisting of a knit face fabric laminated by means of a plastic adhesive to a woven backing fabric. The plastic adhesive that bonds the fabrics together is not visible in cross section. The face fabric is a 100% polyester dyed weft knit fabric of cut pile construction. It contains approximately 18 stitches per centimeter in the vertical direction. The backing fabric is a unbleached or bleached plain woven fabric. It functions to stiffen and reinforce the face fabric. Manufactured in China, this bonded fabric weighs 210 g/m2 and will be imported in 166 centimeter widths.

Style “Wanderer” is a bonded fabric consisting of a knit face fabric laminated by means of a plastic adhesive to a woven backing fabric. The plastic adhesive that bonds the fabrics together is not visible in cross section. The face fabric is a 100% polyester dyed weft knit fabric of cut pile construction. It contains approximately 24 stitches per centimeter in the vertical direction. The backing fabric is a unbleached or bleached plain woven fabric. It functions to stiffen and reinforce the face fabric. Manufactured in China, this bonded fabric weighs 210 g/m2 and will be imported in 135 centimeter widths.

Style “Provincial” is a bonded fabric consisting of a knit face fabric laminated by means of a plastic adhesive to a woven backing fabric. The plastic adhesive that bonds the fabrics together is not visible in cross section. The face fabric is a 100% polyester dyed weft knit fabric of cut pile construction. It contains approximately 19 stitches per centimeter in the vertical direction. The backing fabric is a unbleached or bleached plain woven fabric. It functions to stiffen and reinforce the face fabric. Manufactured in China, this bonded fabric weighs 215 g/m2 and will be imported in 158 centimeter widths.

Style “Galleria” is a bonded fabric consisting of a knit face fabric laminated by means of a plastic adhesive to a woven backing fabric. The plastic adhesive that bonds the fabrics together is not visible in cross section. The face fabric is a 100% polyester dyed weft knit fabric of cut pile construction. It contains approximately 17 stitches per centimeter in the vertical direction. The backing fabric is a unbleached or bleached plain woven fabric. It functions to stiffen and reinforce the face fabric. Manufactured in China, this fabric weighs 210 g/m2 and will be imported in 156 centimeter widths.

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 the products designated as styles “Maxwell”, “Wanderer”, “Provincial” and “Galleria” are laminated fabrics and incorporate a knit pile fabric, Note 1(c) to chapter 60 specifically includes them within the scope of heading 6001, HTS.

The applicable subheading for the jacquard woven fabric designated as style “Dreux” will be 5516.13.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of artificial staple fibers, containing 85 percent or more by weight of artificial staple fibers, of yarns of different colors. The duty rate will be 14.9 percent ad valorem.

The applicable subheading for the four bonded fabric designated as styles “”Maxwell”, “Wanderer”, “Provincial” and “Galleria” will be 6001.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, other, of man-made fibers, other, velour. 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/.

Styles “Maxwell’, “Wanderer”, “Provincial” and “Galleria” fall within textile category designation 224. At the present time goods produced in China and falling within textile category designation 224 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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