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NY N022806

March 20, 2008



TARIFF NO.: 5801.33.0000

Mr. Brett Ian Harris
1200 G Street, NW, Suite 800
Washington, DC 20005

RE: The tariff classification of a polyester/nylon blend woven fabric of weft pile construction from China.

Dear Mr. Harris:

In your letter dated January 31, 2008, on behalf of your client Global Textile Alliance, Inc., you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style Astra, indicates that it is a woven fabric of weft cut pile construction and is composed of 87.9% polyester and 12.1% nylon. Constructed of yarns of different colors, it is characterized by a dense fibrous pile surface that features a textured geometric design. The yarns that form the pile of this item are composed of a blend of polyester and nylon. Weighing 369.6 g/m2, this fabric will be imported in 145 centimeter widths. Your correspondence indicates that this product will be marketed as an upholstery fabric.

The applicable subheading for the weft pile woven fabric designated as style Astra will be 5801.33.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, other weft pile fabrics. The duty rate will be 9.8 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. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 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.


Robert B. Swierupski

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