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NY N022956




March 7, 2008

CLA-2-55:OT:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 5513.11.0090

Mr. John Carrier
601 Cooks Hill Road
Mount Juliet, TN 37122

RE: The tariff classification of polyester/cotton fabric from China.

Dear Mr. Carrier:

In your letter dated February 7, 2008, on behalf of your client Interpro Ltd., you requested a classification ruling. Two samples of woven fabric accompanied your request for a ruling. The portion of the samples not consumed in analysis are being returned to you as requested.

The sample identified as Item 911211 is bleached plain woven fabric. It is composed of 84.7% polyester staple and 15.3% cotton fiber. It contains 8 single yarns per centimeter in the warp and 4.7 single yarns in the filling. This merchandise weighs 21 g/m2 and will be imported in 163 centimeter widths.

The sample identified as Item 911912 is a bleached plain woven fabric. It is composed of 82.4% polyester staple and 17.6% cotton fiber. It contains 7 single yarns per centimeter in the warp and 2.8 single yarns per centimeter in the filling. This merchandise weighs 16 g/m2 and will be imported in 159 centimeter widths. Your correspondence indicates that both fabrics will be used to manufacture duct tape.

The applicable subheading for both Item 911211 and Item 911912 will be 5513.11.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2, unbleached or bleached, of polyester staple fibers, plain weave, cheesecloth; lawns, voiles or batistes. The duty rate will be 14.9%.

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/.

These fabrics fall within textile category 226. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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