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NY M86892




February 2, 2007

CLA-2-60:RR:NC:TA:352 M86892

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0010

Mr. Michael Pipitone
John F. Kilroy Co., Inc.
1 Cross Island Plaza, Suite 203 E
Rosedale, NY 11422

RE: The tariff classification of a bonded upholstery fabric consisting of a dyed 100% polyester warp knit face fabric of cut pile construction laminated to a bleached polyester/rayon blend plain woven backing fabric from China.

Dear Mr. Pipitone:

In your letter dated September 22, 2006, on behalf of your client Bartson Fabrics, you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “Sasha” (mill name “Paris”), indicates that it is a bonded fabric consisting of a warp knit face fabric laminated by means of a plastic adhesive to a woven backing fabric. The plastic adhesive that bonds the two fabric together is not visible in cross section. The face fabric is a dyed warp knit fabric of cut pile construction that is composed of 100% polyester. Weighing 303.6 g/m2, it is characterized by a deep pile surface. The backing fabric is a bleached plain woven fabric composed of 91.5% staple polyester and 8.5% staple rayon. Weighing 121.8 g/m2, it functions to reinforce and stiffen the face fabric. The bonded fabric including the face fabric, the backing fabric and the plastic adhesive layer weighs 431.7 g/m2 and will be imported in 150 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 “Sasha” (mill name “Paris” will be 6001.92.0010, 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, over 271 grams per square meter, velour. 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.

Sincerely,

Robert B. Swierupski
Director,

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