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NY J87458




October 23, 2003

CLA-2-55:RR:NC:TA:352 J87458

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0040

Mr. Ned H. Marshak
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-Five Broad Street
New York, NY 10004

RE: The tariff classification of a bonded fabric consisting of a dyed brushed polyester face fabric bonded to a polyester/cotton blend plain woven backing fabric from China.

Dear Mr. Marshak:

In your letter dated July 14, 2003, on behalf of your client HM Richard’s, you requested a classification ruling. The portions of the submitted samples that were not consumed in analysis are being returned as requested.

The submitted sample, designated as style 1192, is a bonded fabric consisting of a dyed satin woven face fabric composed of 100% polyester bonded to a bleached plain woven backing fabric. The plastic adhesive that bonds these fabrics together is not visible in cross section. Laboratory analysis of the face fabric indicates that it is a dyed satin woven fabric composed of 63.3% staple polyester and 36.7% filament polyester. Although only filament polyester yarns were employed in the weaving of this fabric, a subsequent buffing or sanding operation has broken the fiber in a portion of the yarns converting them into yarns composed of staple fibers. This process has in addition raised some of the fibers of some of the yarns creating a textured fibrous surface that is designed to simulate the look of suede. The face fabric weighs 251.9 g/m. The backing fabric, weighing approximately 177 g/m2, is a bleached plain woven fabric composed of 73.5% staple polyester and 26.5% cotton. The combined bonded fabric will be imported in 150 centimeter widths and weighs 429.3 g/m2. Your correspondence indicates that this product will be used in the home furnishing industry. Based on the relative values, use, quantity and design of the face fabric and the backing fabric, we have determined that it is the face fabric which imparts this product with its essential character.

The applicable subheading for the bonded fabric designated as style 1192 will be 5515.12.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with man-made filaments, satin weave or twill weave. The duty rate will be 12.5 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Sincerely,

Robert B. Swierupski
Director,

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