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NY N009635

April 24, 2007



TARIFF NO.: 5903.10.2090

Ms. Pamela Charlene Berry-Escarre
Marisol International
871 Ridgeway Loop, Suite 203
Memphis, TN 38120

RE: The tariff classification of an imitation leather upholstery fabric, for use in the furniture industry, from China.

Dear Ms. Berry:

In your letter dated April 19, 2007, on behalf of Albany Industries, New Albany, MS, you requested a tariff classification ruling.

The instant sample, identified as style “Oxford Mocha”, consists of a plain woven fabric that you indicate is composed of a 65% polyester man-made fiber/25% cotton blend. We believe you mean 75% polyester/25% cotton blend. This backing material, which appears to have been lightly brushed, has been laminated on one side with a cellular polyvinyl chloride plastic layer having a top skin of polyurethane plastic. You provided the following weight specifications for this material:

Wt. of PVC: 605 g/m² (66.5%)
Wt. of PU: 185 g/m² (20.0%)
Wt. of Fabric: 120 g/m² (13.5%)
Total Wt.: 910 g/m²

The applicable subheading for the material will be 5903.10.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, with polyvinyl chloride, of man-made fibers, over 70 percent by weight of rubber or plastics. The duty rate is Free.

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 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 Deborah Walsh at 646-733-3044.


Robert B. Swierupski

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