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NY N011278




September 24, 2007

CLA-2-54:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.93.2090

Ms. Ellen Dano
Grunfeld, Desiderio, Lebowitz
Silverman & Klestadt LLP
399 Park Avenue
25th Floor
New York, New York 10022

RE: The tariff classification of a bonded fabric consisting of a brushed polyester face fabric bonded to a polyester/cotton woven backing fabric from China.

Dear Ms. Dano:

In your letter dated May 8, 2007, on behalf of your client, H.M. Richards, Inc., you requested a tariff classification ruling.

The submitted sample is identified as pattern “Harris Style # 1196.” Harris is a bonded fabric consisting of a brushed woven face and a woven dobby backing. The plastic adhesive that bonds these fabrics together is not visible in cross section. Laboratory analysis of the face fabric indicates that it composed of 51.5% filament polyester and 48.5% staple polyester. The face fabric is composed of yarns of different colors and consists of 14.96 single yarns per centimeter in the warp and 12.60 single yarns per centimeter in the filling. Although only filament polyester yarns were employed in the weaving of the face fabric, a subsequent buffing or sanding operation has broken the fiber in a portion of the yarns converting them into yarns composed of staple fibers. This process has in addition raised some of the fibers of some of the yarns creating a textured fibrous surface that is designed to simulate the look of suede. The face fabric weighs 236.9 g/m2. The backing fabric, weighing approximately 178.3 g/m2, is composed 92.2% staple polyester and 7.8% cotton. The combined bonded fabric will be imported in 59 centimeter widths and weighs 418.4 g/m2. Based on the relative values, use, quantity and design of the face fabric and the backing fabric, we have determined that it is the face fabric which imparts this product with its essential character. The sample submitted will be returned to you as requested.

The applicable subheading for the fabric, Harris Style #1196, will be 5407.93.2090, 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, of yarns of different color, other, other, other other. The duty rate will be 12 percent.

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 the World Wide Web at http://www.usitc.gov/tata/hts/.

This fabric falls within textile category 629. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (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 Rosemarie Hayward at 646-733-3064.

Sincerely,

Robert B. Swierupski
Director,

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