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NY M87123

November 3, 2006

CLA-2-52:RR:NC:TA:352 M87123


TARIFF NO.: 5211.49.0020

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

RE: The tariff classification of a cotton/polyester blend jacquard woven upholstery fabric from China.

Dear Mr. Ponthieux:

In your letter dated October 3, 2006 you requested a classification ruling.

The submitted sample, designated as style JD1130-B “Yancy”, is a jacquard woven fabric composed of 65% cotton and 35% filament polyester, This fabric is constructed using yarns of different colors. It is characterized by an intricate woven design featuring interconnected irregular shapes. Weighing 347 g/m2, this product will be imported in 145 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

The applicable subheading for the jacquard woven fabric designated as style JD1130-B “Yancy” will be 5211.49.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven. The duty rate will be 8.1 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 220. At the present time, goods produced in China that fall within textile category 220 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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