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NY M82029

April 17, 2006

CLA-2-54:RR:NC:TA:352 M82029


TARIFF NO.: 5407.61.9945

Ms. Donna Garcia
Blumenthal Print Works, Inc.
905 South Broad Avenue
P.O. Box 13395
New Orleans, Louisiana 70185-3395

RE: The tariff classification of a 100% filament polyester jacquard woven mattress ticking fabric from China.

Dear Ms. Garcia:

In your letter dated March 16, 2006 you requested a classification ruling.

The submitted sample, designated as style “Reading”, is a jacquard woven fabric composed of 100% non-textured filament polyester. It contains 37.5 warp ends per centimeter and 14.5 filling pick per centimeter and is manufactured using yarns of different colors. This fabric is constructed using 150 denier filament polyester yarns in the warp and 600 denier filament polyester yarns in the filling. This product is characterized by a complex woven design featuring curlicues. Weighing 165 g/m2, this item will be imported in 280 centimeter widths.

The applicable subheading for the fabric designated as style “Reading” will be 5407.61.9945, 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, other woven fabrics, containing 85 percent or more by weight of polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, of yarns of different colors, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 14.9 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 fabric falls within textile category designation 619. 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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