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NY N026374

May 2, 2008



TARIFF NO.: 5515.12.0090

Ms. Pamela C. Berry
Marisol International
871 Ridgeway Loop Ste 203
Memphis, TN 38120

RE: The tariff classification of polyester/acrylic fabric from China.

Dear Ms. Berry:

In your letter dated April 14, 2008, on behalf of your client Max Home LLC, you requested a classification ruling.

The submitted sample is identified as item “Flo”. It is a dobby woven fabric composed of 45% staple polyester, 34.5% staple acrylic and 20.5% filament polyester. It is composed of yarns of different colors. It contains 16.6 single yarns per centimeter in the warp and 13.9 single yarns per centimeter in the filling. This merchandise weighs 323.4 g/m2 and will be imported in 142 centimeter widths. Your correspondence indicates that this fabric will be used as upholstery.

The applicable subheading for this fabric will be 5515.12.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with man-made filaments, other. The duty rate will be 12%.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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