CLA-2-55:OT:RR:NC:N3:352

Mr. Michael Rowles
DLR Logistics, Inc
510 Heron Drive
Suite #201
Swedesboro, NJ 08085

RE: The tariff classification of a woven fabric of polyester, hemp and cotton staple yarn, from China

Dear Mr. Rowles:

In your letter dated August 10, 2012, on behalf of Tisa, Inc. you requested a tariff classification ruling.

The submitted fabric sample, Pattern Kendall, is a heavy plain-weave fabric. According to U.S. Customs and Border Protection (CBP) lab analysis, this fabric is composed of 45.7 % staple polyester, 28.9 % hemp and 25.4 % cotton, and is constructed of two cotton/hemp staple yarns twisted to a polyester staple yarn that are then wrapped around a cotton/hemp staple yarn. The lab indicates that this fabric is of plain weave construction and weighs 517.6 g/m2. Your submission states that this fabric will be imported in widths of 140 cm.

The applicable subheading for the fabric Pattern Kendall, will be 5515.19.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other woven fabrics of synthetic staple yarn, of polyester fibers: other: other: other. The duty rate will be 12% 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 ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.

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 Maribeth Dunajski at (646) 733-3045.

Sincerely,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division