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NY M87418




April 6, 2007

CLA-2-60:RR:NC:TA:352 M87418

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000

Ms. Susan Xu
DiDi International, Inc.
P.O. Box 2328
Palatine, IL 60078

RE: The tariff classification of a bonded fabric consisting of a 100% polyester brushed warp knit face fabric laminated by means of a cellular plastic middle layer to a bleached 100% polyester weft knit backing fabric of looped pile construction from China.

Dear Ms. Xu:

In your letter dated October 16, 2006 you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style DD-SU-1002, indicates that it is a bonded fabric consisting of a warp knit face fabric laminated by means of a cellular plastic middle layer to a weft knit backing fabric. The face fabric is a brushed warp knit fabric composed of 100% polyester. It is constructed using yarns of different colors and weighs 156.7 g/m2. The face fabric features a 2 bar knit construction marked by a front bar lapping movement of 1/1, 3/4 in unison with a back bar lapping movement of 1/0,1/2. The face fabric is characterized by a dense fibrous surface created by brushing the underlaps of the front guide bar. The surface of the fabric is mottled and the dimples produced by having been bonded to the brushed pile of the backing fabric provide the surface with a texture reminiscent of the skin of a pachyderm. The middle layer of this product which is visible in cross section is composed of cellular plastic. The backing fabric is a bleached weft knit fabric of looped pile construction. The brushed pile surface is laminated to the foam plastic layer and helps create a sponge-like consistency amplifying the sponge-like quality of the foam plastic middle layer and the brushed face fabric. The backing fabric weighs 216.9 g/m2. The bonded fabric weighs 415.8 g/m2 and will be imported in 140 centimeter widths. Your correspondence indicates that this product will be used as an upholstery fabric.

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 the upholstery fabric designated as style DD-SU-1002 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 laminated upholstery fabric will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. 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 224. 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. At the present time goods that are produced in China and that fall within textile category 224 are not subject to either quota restraints or visa requirements. 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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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