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NY N003155

December 8, 2006



TARIFF NO.: 5801.33.0000

Ms. Pamela Escarre
Marisol International
1255-A Lynnfield Road, Suite 257
Memphis, TN 38119

RE: The tariff classification of a bonded fabric consisting of a dyed 100% polyester woven face fabric of cut pile construction laminated to a 100% polyester plain woven backing fabric from China.

Dear Ms. Escarre:

In your letter dated November 08, 2006, on behalf of your client Westlake USA, Inc., you requested a classification ruling.

The submitted sample, designated as style CBX016 “Beaufort”, is a bonded fabric consisting of a dyed 100% polyester woven face fabric of pile construction laminated by means of a plastic adhesive to a plain woven backing fabric. No plastic is visible in cross section. The face fabric is characterized by a dense fibrous surface created by cutting the floats of the weft pile yarns. The face fabric weighs approximately 350 g/m2. The backing fabric is an unbleached or bleached plain woven fabric composed of 100% polyester. It functions to support, stiffen and reinforce the face fabric and weighs 105 g/m2. Based on its weight, value, function and decorative appeal, it is the face fabric which imparts this bonded fabric with its essential character. Your correspondence indicates that this product will be used as an upholstery fabric.

The applicable subheading for the bonded fabric designated as style CBX016 “Beaufort” will be 5801.33.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, other weft pile fabrics. The duty rate will be 9.8 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 224. At the present time goods produced in China that fall within textile category 224 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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