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NY N024447





April 7, 2008

CLA-2-39:OT:RR:NC:TA:350

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.12.1950

Mr. Christopher Garcia
Kuehne+Nagel, Inc.
8200 Boggy Creek Rd#600
Orlando, FL 32824

RE: The tariff classification of an imitation leather fabric, for use in automobile upholstery, from Germany.

Dear Mr. Garcia:

In your letter dated March 4, 2008, on behalf of Benecke-Kaliko, you requested a tariff classification ruling.

The instant sample, identified as Roy PVC-SKL/product number 7114, consists of a knit fabric that, according to your correspondence, is composed of 100% polyester man-made fibers. This material has been coated/laminated on one side with a rather substantial, cellular polyvinyl chloride plastics material having a thin top compact skin. This plastics portion has, in turn, been dyed and embossed to simulate real leather. The following weight breakdown was provided for this material:

Wt. of Polyester: 90 g/m²
Wt. of PVC: 650 g/m²
Total Wt.: 740 g/m²

The applicable subheading for the material will be 3921.12.1950, Harmonized Tariff Schedules of the United States, which provides for other plates, sheets, film, foil and strip, of plastics, cellular, of polyvinyl chloride, combined with a single textile material, other. The duty rate will be 5.3 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 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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