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NY I86970

December 6, 2002

CLA-2-54:RR:NC:TA:352 I86970


TARIFF NO.: 5407.93.2050

Ms. Wendy Pate
C.H. Robinson International, Inc.
701 E. Bay Street, Suite 509
PCC Box 1305
Charleston, SC 29403-5033

RE: The tariff classification of two woven fabrics laminated together from China

Dear Ms. Pate:

In your letter dated October 1, 2002, on behalf of your client E.J. Wright, Ltd., you requested a classification ruling. The portion of the sample that was not consumed in analysis is being returned.

The submitted sample, designated as style “Silk Road Stone”, is a laminated fabric consisting of a brushed woven face fabric laminated to a bleached plain woven backing fabric. Laboratory analysis indicates that the face fabric is a satin woven fabric composed of 52.9% filament polyester and 47.1% staple polyester. Weighing 273.8 g/m2, this fabric has been constructed using yarns of different colors. The exposed surface of this fabric has been buffed or brushed which has broken the fiber in some of the yarns used to weave this fabric and has resulted in some of the yarns being considered to be composed of staple fibers. The face fabric is characterized by a dense fibrous surface simulating a suede-like texture. The face fabric has been laminated by means of a plastic adhesive to a backing fabric. The backing fabric is a bleached plain woven product composed of 64.5% staple polyester and 35.5% cotton. It weighs 128.2 g/m2 and functions to stiffen and reinforce the face fabric. The plastic adhesive that bonds these two fabrics together is not visible in cross section. The bonded fabric as a whole weighs 402.5 g/m2, and will be imported in 137 centimeter widths. Based on the use, value and quantity of the various components, the face fabric imparts this product with its essential character. Your correspondence indicates that this laminated fabric will be used as an upholstery fabric.

The applicable subheading for the laminated fabric will be 5407.93.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other woven fabrics, of yarns of different colors, other,, other, other, satin weave or twill weave. The duty rate will be 13 percent ad valorem.

This fabric falls within textile category designation 628. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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.


Robert B. Swierupski

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