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NY N007049




March 12, 2007

CLA-2-54:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.73.2015

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

RE: The tariff classification of a bonded fabric consisting of 50% polypropylene and 50% polyester woven face fabric laminated to a non-woven backing fabric from China.

Dear Mr. Ponthieux:

In your letter dated February 9, 2007, you requested a tariff classification ruling.

The submitted sample is identified as pattern “Applause Laminated”. It is composed of a bonded fabric laminated by means of a plastic adhesive to a non-woven backing fabric. The plastic adhesive that bonds the two fabrics is not visible in cross section. The face fabric is a jacquard woven ticking fabric composed of a 50% filament polypropylene and 50% filament polyester. It contains 38 single yarns per centimeter in the warp and 16 single yarns per centimeter in the filling. Imported in 91-inch widths, the bonded fabric including the face fabric, the backing fabric and the plastic adhesive layer weighs 135 g/m2. Based on the relative weight, function and decorative appeal of the components that form this product, it is the face fabric that imparts this composite good with its essential character.

The applicable subheading for the bonded fabric will be 5407.73.2015 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 containing 85 percent or more by weight of synthetic filaments, of yarns of different colors, other, weighing not more than 170 g/m2. The rate of duty will be 8.5 percent.

This fabric falls within textile category 620. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. 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.

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 the World Wide Web at http://www.usitc.gov/tata/hts/.

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 Rosemarie Hayward at 646-733-3064.

Sincerely,

Robert B. Swierupski
Director,

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