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NY N013543




June 29, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0030

Mr. Brian Triplett
UPS SCS Customs Brokerage
1930 Bishops Lane, Suite 200
Louisville, KY 40218

RE: The tariff classification of a bonded upholstery fabric consisting of a 100% polyester cut pile weft knit face fabric laminated to a polyester/cotton blend plain woven backing fabric from China.

Dear Mr. Triplett:

In your letter dated June 26, 2007, on behalf of your client Barrow Industries you requested a classification ruling.

The submitted sample, designated as style H0012, is a bonded fabric consisting of a weft knit face fabric of cut pile construction laminated by means of a plastic adhesive to a plain woven backing fabric. The plastic adhesive that bonds the two fabrics together is not visible in cross section. The face fabric is a dyed weft knit fabric of cut pile construction that is composed of 100% polyester. Weighing 220 g/m2, this fabric is characterized by a dense pile surface. The face fabric contains 15 stitches per centimeter in the vertical direction The backing fabric is a bleached plain woven fabric composed of 70% staple polyester and 30% cotton, Weighing 105 g/m2, the backing fabric functions to reinforce and stiffen the face fabric. The bonded fabric including the face fabric, the backing fabric and the plastic adhesive layer weighs 340 g/m2 and will be imported in 145 centimeter widths. Your correspondence indicates that this product will be marketed 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 this fabric 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 bonded fabric designated as style H0012 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/.

The 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 fall within textile category 224 that are produced in China 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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