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NY M86587




October 27, 2006

CLA-2-59:RR:NC:TA:350 M86587

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Mr. Daimon Ponthieux
Blumenthal Print Works, Inc.
905 South Broad Avenue
New Orleans, LA 70125

RE: The tariff classification of a jacquard woven textile fabric containing a light acrylic plastics coating, from China.

Dear Mr. Ponthieux:

In your letter dated September 20, 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 identified as “Pattern Prime Rust”, consists of a jacquard woven fabric, that is composed of a 43.9% cotton/41.5% filament polyester/14.6% acrylic staple fiber blend. This fabric contains a light milky white acrylic plastics coating on one surface which is in sufficient amount to be visible to the naked eye. You state that this fabric weighs 192 grams per square meter and will be imported as piece goods having 137.16 cm widths.

The applicable subheading for the material will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of man-made fibers, not over 70 percent by weight of plastic. The duty rate will be 7.5 percent ad valorem.      

This merchandise falls within textile category 229. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. 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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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