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NY N021115




January 2, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0010

Ms. Ellen M. Dano
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, New York 1022-4877

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

Dear Ms. Dano:

In your letter dated December 19, 2007, on behalf of your client H.M. Richards, Inc., you requested a classification ruling. The portion of the sample that was not consumed in analysis is being returned as requested.

The submitted sample, designated as style “Bella Pecan” # 4009-89, is a bonded fabric consisting of a 100% polyester weft knit face fabric of cut pile construction laminated by means of a plastic adhesive to a bleached plain woven backing fabric. The dyed weft knit face fabric is characterized by a dense plush pile surface. The face fabric weighs approximately 345 g/m2 and contains 16 stitches per centimeter in the vertical direction. The plastic adhesive that binds the face fabric and the backing fabric together is not visible in cross section. The backing fabric is a bleached plain woven fabric composed of 93% staple polyester and 7% cotton. It functions to stiffen and reinforce the face fabric. The bonded fabric which will be imported in 137 centimeter widths consists of the face fabric, the backing fabric and the plastic middle layer that bonds the two fabrics together. It weighs approximately 395 g/m. Your correspondence indicates that this product will be marketed as an upholstery fabric.

The applicable subheading for the bonded upholstery fabric designated as style “Bella Pecan” # 4009-89 will be 6001.92.0010, 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, over 271 grams per square meter, 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 product 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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