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NY N004866




May 31, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0030

Ms. Pamela Escarre
Marisol International, LLC
1255-A Lynnfield Road, Suite 257
Memphis, TN 38119

RE: The tariff classification of a bonded fabric consisting of a dyed weft knit face fabric of cut pile construction laminated by means of a plastic adhesive to an unbleached brushed weft knit backing fabric of looped pile construction from China.

Dear Ms. Escarre:

In your letter dated December 21, 2006, on behalf of your client Westlake USA, Inc., you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style SMY013, indicates that it is a bonded fabric consisting of a weft knit face fabric of cut pile construction laminated by means of a plastic adhesive to a weft knit backing fabric of looped pile construction. The face fabric is a dyed weft knit fabric of cut pile construction that is composed of 100% polyester. It is characterized by a dense cut pile surface. The face fabric weighs 194.4 g/m2 and contains 12.7 stitches per centimeter in the vertical direction. A plastic adhesive that is not visible to the naked eye bonds the face fabric to the backing fabric. The backing fabric is an unbleached weft knit fabric of extended sinker looped pile construction that is composed of 100% polyester. It weighs 233.8 g/m2 and functions both to reinforce the face fabric and provide the bonded fabric with added bulk and sponginess. The bonded fabric including the face fabric, the backing fabric and the adhesive laminating layer weighs 428.2 g/m2. Your correspondence indicates that this product will be marketed as an upholstery fabric. Based on the relative weights, value, function and decorative appeal of the fabrics that form this composite good, it is the face fabric which imparts this product with its essential character.

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 bonded fabric is a laminated fabric and incorporates knit pile fabrics, Note 1(c) to chapter 60 specifically includes it within the scope of heading 6001, HTS.

The applicable subheading for the bonded fabric designated as style SMY013 will be 6001.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, other, of man-made fibers, other, velour. 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 produced in China 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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