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NY K83119

February 11, 2004
CLA-2-54:RR:NC:TA:352 K83119


TARIFF NO.: 5407.53.2060

Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118

RE: The tariff classification of a 100% polyester jacquard woven upholstery fabric from India.

Dear Mr. Brooks:

In your letter dated February 3, 2004 you requested a classification ruling.

The submitted sample, designated as style “Brownstone”, is a jacquard woven upholstery fabric composed of 100% textured filament polyester. It contains 66 single yarns per centimeter in the warp and 47 single yarns per centimeter in the filling. This product is constructed using 155 denier textured filament polyester yarns in the warp and 300 denier textured filament polyester yarns in the filling. It has been manufactured using yarns of different colors and is characterized by a stylized floral motif. Weighing 320 g/m2, this fabric will be imported in 137 centimeter widths.

The applicable subheading for the jacquard woven upholstery fabric will be 5407.53.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of textured polyester filaments, of yarns of different colors, other, weighing more than 170 g/m2. The duty rate will be 12 percent ad valorem.

This fabric falls within textile category designation 620. Based upon international textile trade agreements products of India 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.


Robert B. Swierupski

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