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NY N014970




July 31, 2007

CLA-2-58:RR:NC:TA:352

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

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

RE: The tariff classification of a bonded upholstery fabric consisting of a polyester/rayon blend woven chenille face fabric laminated by means of a plastic adhesive to a man-made fiber nonwoven backing fabric from China.

Dear Mr. Ponthieux:

In your letter dated July 23, 2007 you requested a classification ruling.

The submitted sample, designated as style “Treasure Laminated” mill # E105054C, is a bonded fabric consisting of a woven chenille face fabric laminated to a nonwoven backing fabric by means of a plastic adhesive. The face fabric is a woven chenille fabric composed of 85% polyester and 15% rayon. It is characterized by a complex woven design featuring a diamond pattern accented by chenille yarns at the corners of the diamonds. The face fabric weighs approximately 270 g/m2. The backing fabric is a nonwoven fabric scrim composed of man-made fiber and weighing approximately 20 g/m2. This scrim functions to both stabilize the fabric and protect the back from snagging. The two fabrics have been bonded together by a layer of plastic adhesive which is not visible in cross section. The bonded fabric weighs approximately 300 g/m2 and will be imported in 142 centimeter widths. Your correspondence indicates that this product will be marketed as an upholstery fabric. Based on the relative weight, value, function and decorative appeal of the fabrics that form this composite good, it is the woven chenille face fabric which imparts this bonded upholstery fabric with its essential character.

The applicable subheading for the bonded upholstery fabric designated as style “Treasure Laminated” will be 5801.36.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, chenille fabrics, other. The duty rate will be 9.8 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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