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NY N019230





November 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0030

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

RE: The tariff classification of a dyed100% polyester warp knit fabric of cut pile construction from China.

Dear Mr. Ponthieux:

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

The submitted sample, designated as pattern DF-001-1, is a dyed warp knit fabric of cut pile construction. It is composed of 100% polyester and is characterized by a dense lush pile surface. The fabric is manufactured using 75 denier filament polyester yarns and contains approximately 20 stitches per centimeter in the vertical direction. Weighing 240 g/m2, this product will be imported in 152 centimeter widths. Your correspondence indicates that this item will be marketed as an upholstery fabric.

The applicable subheading for the knit pile fabric designated as pattern DF-001-1 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/.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 good 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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