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NY M85176

August 14, 2006

CLA-2-59:RR:NC:TA:350 M85176


TARIFF NO.: 5903.20.2500

Mr. Floyd Sirico
Rogers & Brown
2 Cumberland Street (29401)
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a laminated textile fabric, which has been embossed to create a reptilian design, from China.

Dear Mr. Sirico

In your letter dated July 3, 2006, which was a follow-up to an earlier inquiry where we requested additional information, you requested a tariff classification ruling.

The instant sample, identified as style “Aristocrat”, consists of a textile material, which is composed of three distinct layers. Specifically, it consists of a polyurethane plastics foam layer which is sandwiched between a 100% polyester warp knit fabric on one side (posterior) and what appears to be a brushed 100% polyester woven fabric on the other (top). In your letter, you indicate that the top woven fabric portion has been embossed (‘heat set”) which creates a reptilian design on the top surface of the material. The PU foam layer, however, is visible in cross section, and does not appear to comprise over 70 percent by weight of the total weight of the material. Your correspondence indicates that this fabric weighs 157 g/m² and will be imported as piece goods having 55-inch widths.

The applicable subheading for the material will be 5903.20.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, with polyurethane, of man-made fibers, not over 70 percent by weight of rubber or plastics. The rate of duty will be 7.5 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 merchandise falls within textile category designation 229. 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 Deborah Walsh at 646-733-3044.


Robert B. Swierupski

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