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NY M85343




August 10, 2006

CLA-2-59:RR:NC:TA:350 M85343

CATEGORY: CLASSIFICATION

TARIFF NO.: 5907.00.6000

Mr. Steven L. Bullard
Hanes Industries
500 North McLin Creek road
Conover, North Carolina 28613

RE: The tariff classification of a flocked “blackout liner” material, for use in the manufacture of draperies, from China.

Dear Mr. Bullard:

In your letter dated July 18, 2006, which was a follow-up to an earlier inquiry where we requested additional information, you requested a classification ruling.

The instant sample, which was not identified as to style or quality number, consists of a plain woven fabric, which is composed of a 65.3% acrylic/31.2%polyester/3.5% cotton blend. This fabric has been lightly coated on one surface with what you describe as a foaming agent (an adhesive) over what appears to be a black film layer. This black film layer, which is visible in cross section, is usually employed to help block out any external light. The adhesive coating has been lightly flocked with what you state are 100% rayon man-made fibers. These fibers, while lightly applied, are in sufficient amount to be visible to the naked eye and impart a suede-like appearance to the surface. These materials, generally provide good insulating qualities for use in hotel draperies, etc., because of their heat reflective and sound deadening qualities. You state that this material will be imported as roll goods measuring 140 cm in width.

While you make reference to a slightly modified material having a fire retardant (FR) quality, we will not be able to address this issue without an ID of the FR chemical as well as a representative sample.

The applicable subheading for the material at issue will be 5907.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics otherwise impregnated, coated or covered, not laminated, of man-made fibers. The duty rate will be Free.

This merchandise falls within textile category designation 229. 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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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