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NY N026078




April 23, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0090

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

RE: The tariff classification of polyester fabric from China.

Dear Mr. Ponthieux:

In your letter dated April 2, 2008, you requested a classification ruling.

The submitted sample is identified as pattern “H12”. It is a jacquard woven fabric composed of 50% filament polyester and 50% staple polyester. It is composed of yarns of different colors. It contains 38 single yarns per centimeter in the warp and 14.6 yarns per centimeter in the filling. This merchandise weighs 330 g/m2 and will be imported in 57 inch widths. Your correspondence indicates that his fabric will be used as upholstery.

Due to the fact that the fabric, pattern “H12”, is to be constructed of a 50/50 blend of fibers, it is classified using HTSUS Section XI Note 2(A). This fabric will be classified as if it consisted wholly of that one textile material which is covered by the heading that occurs last in numerical order among those that equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. Pattern “H12” may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for this fabric will be 5515.12.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with man-made filaments, other. The duty rate will be 12%.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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