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NY M85713




August 09, 2006

CLA-2-60:RR:NC:TA:352 M85713

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0030

Mr. Grant Hayward
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of a bonded fabric consisting of a 55% polyester/45% nylon blend jacquard woven face fabric laminated to a bleached 100% polyester knit fabric of cut pile construction from China.

Dear Mr. Hayward:

In your letter dated May 23, 2006 you requested a classification ruling. The portion of the sample not consumed in analysis is being returned to you.

The submitted sample, designated as “Red Brocade Bonded with White Fur”, is a bonded fabric consisting of a woven face fabric laminated by means of a cellular plastic middle layer to a knit backing fabric of pile construction. The face fabric is constructed using yarns of different colors and is characterized by a intricate jacquard woven design featuring butterflies. It is composed of 55% polyester and 45% nylon and weighs approximately 220 g/m2. The middle layer of this product is composed of cellular plastic and functions as the agent that laminates the face fabric to the backing fabric. The plastic layer, which is visible in cross section, weighs approximately 10 g/m2. The backing fabric is a bleached knit fabric of cut pile construction. It weighs approximately 250 g/m2 and contains approximately 16 stitches per centimeter in the vertical direction. The bonded fabric will be imported in 110 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 this fabric is a laminated fabric and incorporates a knit pile fabric, Note 1(c) to chapter 60 specifically includes it within the scope of heading 6001, HTS.

The applicable subheading for the bonded fabric 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 and 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/.

This fabric falls within textile category designation 224. At the present time goods produced in China that fall 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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