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NY M86621

October 5, 2006

CLA-2-59:RR:NC:TA:350 M86621


TARIFF NO.: 5903.90.2500

Mr. Daimon Ponthieux
Blumenthal Print Works, Inc.
905 South Broad Avenue
New Orleans, LA 70125

RE: The tariff classification of a plastics coated textile fabric, for use in upholstery, from China.

Dear Mr. Ponthieux:

In your letter dated September 20, 2006, which was a follow-up to an earlier inquiry where we requested additional information, you requested a classification ruling.

The instant sample, which was identified as pattern “Poncho Tropical”, consists of a rather heavy weight woven fabric that has been lightly, yet visibly coated on one surface with a milky white acrylic plastics material. You state that the fabric is composed of a 41.6% filament polyester/43.8% cotton/14.6% acrylic staple fiber blend. You write that this material weighs 191 grams per square meter, which includes a 2.3 ounce application of acrylic plastic per square meter. According to your correspondence, this material will be imported as roll goods measuring 137.16 centimeters in width.

The applicable subheading for the material will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, of man-made fibers, not over 70 percent by weight of plastic. The duty rate will be 7.5 percent ad valorem.      

This merchandise falls within textile category 229. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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