CLA-2-54:RR:NC:TA:352 M84724

Mr. Steven L. Bullard
Hanes Industries
500 North McLin Creek Road
Conover, North Carolina 28613

RE: The tariff classification of an unbleached or bleached polyester/cotton blend plain woven fabric from an unspecified Asian country.

Dear Mr. Bullard:

In your letter dated June 26, 2006 you requested a classification ruling.

The submitted sample is an unbleached or bleached plain woven fabric composed of 38.46% filament polyester, 32.00% cotton and 29.54% staple polyester. It contains 11.8 single yarns per centimeter in the warp and 7.48 single yarns per centimeter in the filling. Weighing approximately 36.3 g/m2, this product will be imported in 148 centimeter widths. Your correspondence indicates that this fabric will be used as a supporting scrim for an industrial wall coating system.

The applicable subheading for the plain woven fabric will be 5407.81.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabric obtained from materials of heading 5404, other woven fabrics, containing less than 85 percent by weight of synthetic filaments, mixed mainly or solely with cotton, unbleached or bleached, other. 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 designation 629. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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