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NY N017285




October 9, 2007

CLA-2-59:RR:NC:TA:350

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.20.2500

Mr. Ameet Shah
Culp Inc.
1823 Eastchester Drive
High Point, NC 27265

RE: The tariff classification of a laminated textile fabric, which has been foil printed to create a reptilian design, from China.

Dear Mr. Shah:

In your letter dated September 10, 2007, which was a follow-up to an earlier inquiry where we requested additional information, you requested a classification ruling.

The instant sample, identified as style “Congo”, consist of a textile material, which is composed of three distinct layers. Specifically, it consist of a polyurethane plastics foam layer which is sandwiched between a 65% polyester/35% cotton woven fabric on one side (posterior) and a brushed 100% polyester knit fabric on the other (face). You indicate that the reptilian design feature is produced by foil printing over the brushed surface of the face fabric and is represented by the shiny dark areas on the face of such fabric. The polyurethane plastic foam layer in the middle is clearly visible in cross section. You provided the following weight specifications for this material:

Wt. of face fabric: 135 g/m² (50%)
Wt. of backing fabric: 95 g/m² (35%)
Wt. of PU foam: 40 g/m² (15%)
Total Wt.: 270 g/m²

The applicable subheading for the material, which we presume will be imported as roll goods, will be 5903.20.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, with polyurethane of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate will be 7.5 percent ad valorem.

This merchandise falls within textile category 229. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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