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NY N013688




November 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.93.2090

Mr. Daimon Ponthieux
Blumenthal Print Works, Inc.
905 South Broad Avenue
New Orleans, LA 70125

RE: The tariff classification of polyester woven fabric from China.

Dear Mr. Ponthieux:

In your letter dated June 25, 2007, you requested a tariff classification ruling.

The submitted sample is identified as style name “K3-2”. U.S. Customs and Border Protection (CBP) Laboratory analysis provided the following information: K3-2 is a polyester woven fabric with yarns of different color. It is composed of 51% non-textured filament polyester and 49% polyester staple fibers. It contains 59.1 single yarns per centimeter in the warp and 33.2 single yarns per centimeter in the filling. This merchandise weighs 141.2 g/m2. This fabric is characterized by a brushed surface resulting in a soft hand and a fibrous surface on one side of the fabric designed to simulate the look of suede. Although this product was initially woven using filament polyester yarns, the subsequent brushing or sanding process has broken the fiber in the yarns in both the warp and filling. This process has transformed some of the yarns from filament to staple fiber. Your correspondence indicates that this fabric will be imported in 90-inch widths and will be used as upholstery.

The applicable subheading for the fabric, K3-2, 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries.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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