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NY M83949




June 14, 2006

CLA-2-54:RR:NC:TA:352 M83949

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.83.0090

Mr. Daimon Ponthieux
Blumenthal Print Works Inc.
905 South Broad Street
New Orleans, LA 70125

RE: The tariff classification of a polyester/cotton/polypropylene blend jacquard woven mattress ticking fabric from China.

Dear Mr. Ponthieux:

In your letter dated June 1, 2006 you requested a classification ruling.

The submitted sample, designated as style “MG Border C-342”, is a jacquard woven fabric composed of 28% filament polyester, 38% cotton, 26% staple polyester and 8% filament polypropylene. It is characterized by a rough textured surface and features a prominent ridge running in the filling direction and created by the insertion of a two ply cotton yarn during the weaving process. This product is constructed with 150 denier filament polyester yarns in the warp and an combination of 7/2 c.c. cotton yarns, 10/1 c.c. polyester staple yarns and 300 denier filament polypropylene yarns in the filling. It is woven using yarns of different colors. Weighing 224 g/m2, this fabric will be imported in 230 centimeter widths. Your correspondence indicates that this item will be used as mattress ticking.

The applicable subheading for the jacquard woven fabric designated as style “MG Border C-342” will be 5407.83.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing less than 85 percent by weight of synthetic filaments, mixed mainly or solely with cotton, of yarns of different colors, other. 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 629. At the present time goods produced in China that fall in textile category designation 629 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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