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NY K83388

August 2, 2004
CLA-2-55:RR:NC:TA:352 K83388


TARIFF NO.: 5515.12.0090

Mr. Ned H. Marshak
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: The tariff classification of a bonded woven fabric from China.

Dear Mr. Marshak:

In your letter dated February 18, 2004, on behalf of your client H.M. Richards, Inc., you requested a classification ruling. The sample submitted cannot be returned since it was consumed in analysis.

The submitted sample, designated as style 4650, is a bonded fabric consisting of a dyed woven face fabric laminated to a bleached plain woven backing fabric. The fabrics are laminated together by a plastic adhesive that is not visible in cross section. The face fabric is a dyed woven fabric characterized by a complex weave and featuring a textured fibrous surface created by brushing or sanding the outer surface of the fabric. Laboratory analysis indicates that the face fabric is composed of 59.7% staple polyester and 40.3% filament polyester. While the face fabric was woven wholly with filament polyester yarns, the subsequent brushing or sanding operation has broken the fibers in a portion of the yarns creating a fabric which is in part of staple yarns and in part of filament yarns. The face fabric weighs 244.8 g/m2. The backing fabric is a bleached plain woven fabric composed of 85% staple polyester and 15% cotton. Weighing 113.5 g/m2, this fabric is designed to reinforce and stiffen the face fabric. The combined laminated product weighs 358.3 g/m2 and will be imported in 145 centimeter widths. Based on the relative value, weight and use of the two fabrics that form this item, it is the dyed face fabric which imparts this fabric with its essential character.

The applicable subheading for the bonded woven fabric will be 5515.12.0090, 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, other. The duty rate will be 12 percent ad valorem.

This laminated fabric falls within textile category designation 629. 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.


Robert B. Swierupski

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