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NY M87122

May 10, 2007

CLA-2-54:RR:NC:TA:352 M87122


TARIFF NO.: 5407.93.2090

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

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

Dear Mr. Ponthieux:

In your letter dated October 03, 2006 you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “Marango” E405001B ET5, indicates that it is a dobby woven fabric composed of 69.4% filament polyester and 30.6% staple rayon. It is characterized by a textured surface created by the insertion of novelty yarns in the filling during the weaving process. The fabric has been constructed using yarns of different colors and is said to contain 64 single yarns per centimeter in the warp and 20 single yarns per centimeter in the filling. Weighing 367.1 g/m2, this product will be imported in 142 centimeter widths. Your correspondence indicates that this fabric will be marketed as an upholstery fabric.

The applicable subheading for the dobby woven fabric will be 5407.93.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, of yarns of different colors, other, other, other, other. The duty rate will be 12 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 629. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. At the present time goods that are produced in China and that fall within textile category 629 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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