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NY N002872




November 29, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5906.99.2500

Ms. Lisa V. Schaeffer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: The tariff classification of a rubberized textile fabric, for use in upholstery, from China.

Dear Ms. Schaeffer:

In your letter dated November 1, 2006, on behalf of H.M. Richards, Inc., Baldwyn, Mississippi, you requested a classification ruling.

The instant sample, identified as style HMR 4016 (“Pinney”), consists of a woven fabric composed of 100% polyester man-made fibers. This fabric has been coated on one side with what you indicate is a styrene butadiene latex coating having a composition of 60% styrene/40% butadiene, by weight. While this coating is not visible to the naked eye, it has been our experience with similar materials that we have examined, that this coating substance is a rubber.

The applicable subheading for the material will be 5906.99.2500, Harmonized Tariff Schedules of the United States (HTS) which provides for rubberized textile fabrics, not knitted or crocheted, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate will be Free.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries.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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