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NY M84164




October 16, 2006

CLA-2-55:RR:NC:TA:352 M84164

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0040

Mr. Ameet Shah
Culp Inc.
P.O. Box 2686
High Point, NC 27265

RE: The tariff classification of a 100% polyester brushed satin woven fabric from China.

Dear Mr. Shah:

In your letter dated June 7, 2006 you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “Panda Suede” (Vendor style # C-100), indicates that it is a 4 X1 satin woven fabric composed of 60.4% staple polyester and 39.6% filament polyester. It contains 65.35 single yarns per centimeter in the warp and 33.1 single yarns per centimeter in the filling. This fabric is constructed with yarns of different colors. It is characterized by a dense fibrous surface created by brushing or sanding one side of the fabric subsequent to weaving. Although the fabric was initially woven with filament yarns, the subsequent brushing or sanding process has broken the fiber in a portion of the yarns transforming the fiber in those yarns from filament to staple fiber. Weighing 158.7 g/m2, this item will be imported in 227 centimeter widths. Your correspondence indicates that this product will be used as mattress ticking.

The applicable subheading for the satin woven fabric designated as style “Panda Suede” will be 5515.12.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with man-made filaments, satin weave or twill weave. The duty rate will be 12 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 satin woven fabric falls within textile category 628. At the present time goods produced in China which fall in textile category 628 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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