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NY L82494

January 19, 2006

CLA-2-54:RR:NC:TA:352 L82494


TARIFF NO.: 5407.93.2050

Mr. Kevin W. Leonard
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: The tariff classification of a bonded fabric consisting of a 100% polyester brushed satin woven face fabric laminated to a bleached polyester/cotton blend plain woven backing fabric from China.

Dear Mr. Leonard:

In your letter dated February 7, 2005, on behalf of your client H.M. Richards, Inc., you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style # 1194, indicates that it is a bonded fabric consisting of a woven face fabric laminated by means of a plastic adhesive to a bleached woven backing fabric. The plastic adhesive which laminates the two fabrics together is not visible in cross section. The face fabric is a 4 X 1 satin woven fabric composed of 67.3% filament polyester and 32.7% staple polyester. This product is characterized by a dense fibrous surface that has been created by brushing or sanding the exposed surface of the face fabric subsequent to weaving. Although the face fabric was initially woven with filament yarns, the subsequent brushing or sanding process has broken the fiber in a portion of the yarns transforming the fiber in those yarns from filament to staple fiber. The face fabric is constructed using yarns of different colors and weighs 164.7 g/m2. The backing fabric is an bleached plain woven fabric composed of 88.2% staple polyester and 11.8% cotton. It weighs 121.9 g/m2 and functions to stiffen and reinforce the face fabric. Imported in 150 centimeter widths, the combined weight of the bonded fabric including the face and backing fabrics and the weight of the adhesive is 345.3 g/m2. Based on the relative value, weight, function and decorative appeal of the components that form this product, it is the face fabric that imparts this composite good with its essential character.

The applicable subheading for the bonded fabric designated as style # 1194 will be 5407.93.2050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, of yarns of different colors, other, other, other, satin weave or twill weave. The duty rate will be 12 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This bonded fabric falls within textile category designation 628. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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