CLA-2-54:RR:NC:TA:352 K82119

Ms. Rashima Sonson
Blumenthal Print Works, Inc.
905 South Broad Avenue
New Orleans, Louisiana 70125-1493

RE: The tariff classification of two man-made fiber jacquard woven fabrics from Turkey.

Dear Ms. Sonson:

In your letter dated December 18, 2003 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style GSPH1 Number 00017, is a jacquard woven fabric composed of 64% filament polypropylene and 34% filament polyester. It contains 32 single yarns per centimeter in the warp and 18 single yarns per centimeter in the filling. This product is constructed using 150 denier filament yarns in the warp and 600 denier filament yarns in the filling. It is characterized by having been manufactured using yarns of different colors and features a stylized floral motif. Weighing 195 g/m2, this fabric will be imported in 229 centimeter widths. Your correspondence indicates that this product will be used as mattress ticking.

Style GSPT1 Number 00018 is an unbleached jacquard woven fabric composed of 57% staple rayon and 43% filament polyester. It is characterized by a woven stylized floral motif. This product contains 32 warp ends per centimeter and 18 filling picks per centimeter. It is constructed using 150 denier filament polyester yarns in the warp and 28/2 c.c. staple rayon yarns in the filling. Weighing 150 g/m2, this item will be imported in 224 centimeter widths. Your letter indicates that this fabric will be used as mattress ticking.

The applicable subheading for the jacquard woven fabric designated as style GSPH1 Number 00017 will be 5407.73.2060, Harmonized Tariff Schedule of the United States (HTS), 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 more than 170 g/m2. The duty rate will be 9.4 percent ad valorem in 2003 and 8.5 percent ad valorem in 2004.

The applicable subheading for the jacquard woven fabric designated as style GSPT1 Number 00018 will be 5516.21.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, unbleached or bleached, other. The duty rate will be 15.1 percent ad valorem in 2003 and 14.9% ad valorem in 2004.

The fabric designated as style GSPT1 Number 00018 falls within textile category designation 629. Based upon international textile trade agreements products of Turkey are subject to quota and the requirement of a visa. At the present time style GSPH1 Number 00017 is not subject to either quota restraints or visa requirements when produced in Turkey.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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