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NY M85749

February 1, 2007

CLA-2-60:RR:NC:TA:352 M85749


TARIFF NO.: 6001.92.0040

Mr. Brett Ian Harris
1200 G Street, NW, Suite 800
Washington, DC 20005

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

Dear Mr. Harris:

In your letter dated August 7, 2006, on behalf of your client Global Textile Alliance, Inc., you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “Free Ride”, indicates that it is a bonded fabric consisting of a knit pile face fabric laminated by means of a plastic adhesive to a brushed weft knit backing fabric. The plastic adhesive that bonds the two fabrics together is not visible in cross section. The face fabric is a dyed weft knit fabric of cut pile construction. It is composed of 100% polyester and weighs 198.8 g/m2. It is characterized by a deep plush pile surface and contains approximately 7 stitches per centimeter in the vertical direction. The backing fabric is a bleached weft knit fabric that has been brushed and laminated to the face fabric to reinforce and increase the sponginess of the bonded fabric. It is composed of 100% polyester and weighs 223.2 g/m2. The bonded fabric including the face fabric, the backing fabric and the plastic adhesive weighs 422 g/m2 and will be imported in 135 centimeter widths. Your correspondence indicates that this product will be used as an upholstery fabric.

Note 1 to chapter 60 states in part:

This chapter does not cover:

Knitted or crocheted fabric, impregnated, coated, covered or laminated, of chapter 59. However, knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001.

Since this fabric is a laminated fabric and incorporates a knit pile fabric, Note 1(c) to chapter 60 specifically includes it within the scope of heading 6001, HTS.

The applicable subheading for the bonded fabric designated as style “Free Ride” will be 6001.92.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, other, of man-made fibers, other, other. The duty rate will be 17.2 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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