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NY N013347

July 20, 2007



TARIFF NO.: 5407.73.2060

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 a polyester/ polypropylene face fabric bonded to a polyester non-woven backing fabric from China.

Dear Mr. Ponthieux:

In your letter dated June 18, 2007, you requested a tariff classification ruling.

The submitted sample is identified as pattern “Copperfield”. Copperfield is a bonded fabric consisting of a jacquard woven face and a non-woven backing. The plastic adhesive that bonds these fabrics together is not visible in cross section. The face fabric is composed of 53.4% filament polypropylene and 46.6% filament polyester. The face fabric is constructed with 150 denier polyester yarns in the warp and 700 denier yarns polypropylene in the filling. The face fabric is composed of yarns of different colors and consists of 92 single yarns per centimeter in the warp and 35 single yarns per centimeter in the filling. The face fabric weighs 181 g/m2. The backing fabric, weighing approximately 27.13 g/m2, is composed wholly of polyester. The combined bonded fabric will be imported in 137.16 centimeter widths and weighs 208.13 g/m2. Your correspondence indicates that this product will be used for upholstery. Based on the relative values, use, quantity and design of the face fabric and the backing fabric, we have determined that it is the face fabric which imparts this product with its essential character.

The applicable subheading for the bonded fabric, Copperfield, will be 5407.73.2060, 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 more than 170 g/m2. The duty rate will be 8.5 percent.

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 fabric falls within textile category 628. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries.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.

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.


Robert B. Swierupski

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