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NY K83365





October 27, 2004

CLA-2-60:RR:NC:TA:352 K83365

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000

Mr. Jonathan M. Fee
Alston & Bird LLP
601 Pennsylvania Avenue, N.W.
North Building, 10th Floor
Washington DC 2004-2601

RE: The tariff classification of a bonded fabric with a 100% polyester warp knit face fabric laminated to a polyester/cotton blend bleached plain woven backing fabric from Korea.

Dear Mr. Fee:

In your letter dated February 19, 2004, on behalf of your client New Generations Furniture Company, Inc., you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “Dynasty”, indicates that this product is a bonded fabric consisting of a knit face fabric laminated to a woven backing fabric by means of a plastic adhesive. The plastic adhesive is not visible in cross section. The face fabric is a dyed two bar warp knit fabric of pile construction composed of 100% polyester. The floats of the front guide bar are formed into loops that project from the surface of the fabric and in subsequent processing are brushed raising the individual filaments of the front guide bar floats. It is characterized by a dense fibrous surface that has the look and feel of suede. The face fabric weighs approximately 174.8 g/m2. The backing fabric is a bleached plain woven fabric composed of 61.6% staple polyester and 38.4% cotton. It weighs approximately 151.5 g/m2. The backing fabric functions to reinforce and stiffen the product. The overall weight of the bonded fabric is 326.3 g/m2 and it will be imported in widths exceeding 30 centimeters. Your correspondence indicates that this fabric will be used as an upholstery fabric.

The applicable subheading for the bonded fabric designated as style “Dynasty” will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. The duty rate will be 17.2 percent ad valorem.

This fabric falls within textile category designation 224. Based upon international textile trade agreements products of Korea 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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