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NY K85212

August 25, 2004
CLA-2-55:RR:NC:TA:352 K85212


TARIFF NO.: 5514.39.0090

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

RE: The tariff classification of an acrylic/polyester/cotton blend dobby woven upholstery fabric from Turkey.

Dear Mr. Davis:

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

The submitted sample, designated as style Penelope D I090, is a dobby woven fabric manufactured from yarns of different colors. Laboratory analysis indicates that this product is composed of 59.7% staple acrylic, 16.7% cotton, 9% staple rayon, 8.2% staple polyester and 6.4% filament polyester. It is characterized by an intricate woven design and features a rough textured surface. Weighing 648.2 g/m2, this fabric will be imported in 140 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

The applicable subheading for the woven fabric designated as style Penelope D I090 will be 5514.39.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight exceeding 170 g/m2, other woven fabrics, other. The rate of duty will be free.

Goods classifiable in subheading 5514.39.0090, HTS, which are produced in Turkey are not subject to either visa requirements or quota restraints.

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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