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NY R03327




February 27, 2006

CLA-2-54:RR:NC:TA:352 R03327

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.53.2020

Ms. Beverly L. Eury
Heritage House Fabrics, LLC
48 Beechwood Avenue
Concord, NC 28025

RE: The tariff classification of a 100% textured filament polyester plain woven fabric from Turkey.

Dear Ms. Eury:

In your letter dated February 23, 2006 you requested a tariff classification ruling.

The described item, designated as style “Midway Scroll”, is a plain woven fabric composed of 100% textured filament polyester. It contains 17 single yarns per centimeter in the warp and 13 single yarns per centimeter in the filling. This fabric is constructed using 300 denier textured filament polyester yarns in both the warp and the filling. These yarns exhibit no twist and you indicate that they contain zero turns per meter. This product is characterized by having been manufactured using yarns of different colors. Weighing 101.55 g/m2, this fabric will be imported in 150 centimeter widths.

The applicable subheading for the plain woven fabric designated as style “Midway Scroll” will be 5407.53.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of textured polyester filaments, of yarns of different colors, other, weighing not more than 170 g/m2, flat fabrics. The rate of duty will be 12 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 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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