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NY K85209

April 28, 2004
CLA-2-55:RR:NC:TA:352 K85209


TARIFF NO.: 5515.13.1020

Mr. Lynden Davis
Excel Global Logistics Inc.
230-39 International Airport Center Blvd. Suite 1000
Jamaica, NY 11413

RE: The tariff classification of a 75% polyester/25% wool blend plain woven fabric from Turkey.

Dear Mr. Davis:

In your letter dated April 14, 2004, on behalf of your client Penelope USA LLC, you requested a classification ruling.

The submitted sample, designated as style Citadel 309455-0202, is a dyed plain woven fabric composed of 75% staple polyester and 25% combed wool. It is manufactured using 2 ply yarns in both the warp and the filling. Weighing 428 g/m2, this product will be imported in 140 centimeter widths. Your correspondence indicates that this product will be marketed as an upholstery fabric.

The applicable subheading for the woven fabric designated as style Citadel 309455-0202 will be 5515.13.1020, 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 wool or fine animal hair, other, combed. The duty rate will be 12 percent ad valorem.

This fabric falls within textile category designation 624. Based upon international textile trade agreements products of Turkey 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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