CLA-2-55:RR:NC:TA:352
Ms. Liza V. Schaeffer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
399 Park Avenue, 25th Floor
New York, NY 10022-4877
RE: The tariff classification of a dyed polyester/cotton blend twill woven fabric from China.
Dear Ms. Schaeffer:
In your letter dated November 7, 2006, on behalf of your client H.M. Richards, Inc., you requested a classification ruling. The sample you submitted is being returned as requested
The submitted sample, designated as style HMR 2586-36 “Groundworks Foam”, is a dyed 3 X1 twill woven fabric composed of 65% staple polyester and 35% cotton. It contains 27 single yarns per centimeter in the warp and 15.7 single yarns per centimeter in the filling. Weighing 285 g/m2, this product will be imported in 137 centimeter widths. The face of the fabric has been lightly napped creating a fibrous surface with a soft hand. Your correspondence indicates that this fabric will be used as an upholstery fabric.
The applicable subheading for the twill woven fabric designated as style HMR 2586-36 “Groundworks Foam” will be 5514.22.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight exceeding 170 g/m2, dyed, 3-thread or 4-thread twill, including cross twill, of polyester staple fibers, napped. The duty rate will be 14.9 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 617. At the present time goods produced in China which fall with textile category 617 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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division