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NY M87101

October 12, 2006

CLA-2-52:RR:NC:TA:352 M87101


TARIFF NO.: 5209.43.0030

Mr. Andrew S. Harris
Nissin Customs Service, Inc.
172-47 Baisley Boulevard
Jamaica, NY 11434

RE: The tariff classification of a 100% cotton 2 X1 twill woven mattress ticking fabric from China or Korea.

Dear Mr. Harris:

In your letter dated July 12, 2006, on behalf of your client NI Teijin Shoji USA Inc., you requested a classification ruling.

The submitted sample, designated as “Mattress Ticking”, is a 2 X 1 twill woven fabric composed of 100% cotton. It contains 28.35 single yarns per centimeter in the warp and 17.32 single yarns per centimeter in the filling. This fabric is constructed using 13/1 c.c. yarns in both the warp and the filling. It is characterized by a series of blue vertical stripes created by using groups of blue colored yarns in the warp alternating with groups of unbleached yarns. Weighing 248 g/m2, this product will be imported in 115 centimeter widths. Your correspondence indicates that this item will be used as mattress ticking.

The applicable subheading for the twill woven fabric designated as “Mattress Ticking” will be 5209.43.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, of yarns of different colors, other fabrics of 3-thread or 4-thread twill including cross twill, not napped. The duty rate will be 8.4 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 twill woven mattress ticking fabric falls within textile category 218. At the present time goods produced in either China or Korea are not subject to either quota restraints or visa requirements. 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 Alan Tytelman at 646-733-3045.


Robert B. Swierupski

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