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NY N026411

April 22, 2008



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 polyester/polypropylene fabric from China.

Dear Mr. Ponthieux:

I This ruling is being issued to correct Customs Ruling Number N025323, dated April 11, 2008. The purpose of this replacement letter is to correct a clerical error. In N025323, the appropriate Harmonized Tariff Schedule of the United States (HTSUS) classification was not provided, the merchandise was incorrectly classified as 5407.93.2090. A complete corrected ruling follows.

The submitted sample is identified as pattern “Excel 6”. 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 fabric composed of 73% filament polyester and 27% filament polypropylene. It is composed of yarns of different colors. It contains 33 single yarns per centimeter in the warp and 6 single yarns per centimeter in the filling. Imported in 90.5-91.7-inch widths, the bonded fabric including the face fabric, the backing fabric and the plastic adhesive layer weighs 115 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. Your correspondence indicates that this fabric will be used as ticking.

The applicable subheading for this 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 170 g/m2. The rate of duty rate will be 8.5%.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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