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NY M85761




August 15, 2006

CLA-2-58:RR:NC:TA:352 M85761

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.23.0090

Mr. Daimon Ponthieux
Blumenthal Print Works, Inc.
905 South Broad Avenue
P.O. Box 13395
New Orleans, Louisiana 70185-3395

RE: The tariff classification of a rayon/polyester blend woven fabric from China.

Dear Mr. Ponthieux:

In your letter dated August 01, 2006 you requested a classification ruling.

The submitted sample, designated as style “Larsen” JD1126, is a jacquard woven fabric composed of 58% staple rayon and 42% filament polyester. It is constructed using 150 denier filament polyester yarns in the warp and 21/2 c.c. rayon staple yarns in the filling. The fabric contains yarns of different colors. It is characterized by a complex weave featuring a series of intersecting stripes that form rectangular shapes. Weighing 201 g/m2, this fabric will be imported in 145 centimeter widths. Your correspondence indicates that this product will be used as a home furnishing fabric.

The applicable subheading for the jacquard woven fabric designated as style “Larsen” JD1126 will be 5516.23.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, 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 within 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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