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NY K89980




October 28, 2004

CLA-2-54:RR:NC:TA:352 K89980

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.73.2060

Ms. Bea O’Halloran
Evans and Wood & Co., Inc.
612 E. Dallas Road, Suite 200
Grapevine, TX 76051

RE: The tariff classification of a polypropylene/polyester/rayon blend jacquard woven fabric from Italy.

Dear Ms. O’Halloran:

In your letter dated October 6, 2004, on behalf of your client Hobby Lobby, you requested a tariff classification ruling. The sample is being returned as requested.

The submitted sample, designated as style # 997577, is a jacquard woven fabric composed of 46% filament polypropylene, 41% filament polyester and 13% filament viscose rayon. It is constructed using yarns of different colors and is characterized by an elaborate woven design featuring a stylized floral motif. This product is said to contain 68 warp ends per centimeter and 36 filling picks per centimeter. Weighing 446 g/m2, this item will be imported in 140 centimeter widths.

The applicable subheading for the jacquard woven fabric will be 5407.73.2060, 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 synthetic filaments, of yarns of different colors, other, weighing more than 170 g/m2.. The rate of duty will be 8.5 percent ad valorem.

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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