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NY M84323




July 28, 2006

CLA-2-55:RR:NC:TA:352 M84323

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0090

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

RE: The tariff classification of a dyed 100% polyester jacquard woven fabric from China.

Dear Mr. Shah:

In your letter dated June 12, 2006 you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “Carissa” #C-259-2, indicates that it is a dyed jacquard woven fabric composed of 61.2% staple polyester and 38.8% filament polyester. This brushed fabric is characterized by a woven design featuring a stylized floral motif and a dense fibrous surface on one side simulating suede. Although woven with filament polyester yarns, the subsequent brushing or sanding process has broken the fibers in a portion of the yarns resulting in those yarns being transformed into staple fiber yarns. Weighing 218.2 g/m2, this product will be imported in 235 centimeter widths. Your correspondence indicates that this fabric will be used as mattress ticking.

The applicable subheading for the jacquard woven fabric will be 5515.12.0090, 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, other. 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 fabric falls within textile category designation 629. At the present time goods falling within this textile category designation that are produced in China 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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