CLA-2-60:OT:RR:NC:TA:352

Mr. Daimon Ponthieux
Blumenthal Print Works, Inc.
905 South Broad Avenue
New Orleans, LA 70125

RE: The tariff classification of polyester/spandex blend weft knit mattress ticking fabric of double knit construction from Turkey.

Dear Mr. Ponthieux:

In your letter dated July 10, 2008 you requested a classification ruling.

The submitted sample, designated as style DJ 102-9082.0, is a weft knit fabric composed of 85% polyester and 15% spandex. This jacquard knit product is characterized by a dimpled surface created by trapping textured polyester filament yarns between the two layers of knit stitches. Weighing approximately 400 g/m2, this fabric will be imported in 229 centimeter widths. Your correspondence indicates that this item will be used as mattress ticking.

The applicable subheading for the mattress ticking fabric designated as style DJ 102-9082.0 will be 6004.10.0085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knitted or crocheted fabrics of a width exceeding 30 cm, containing by weight 5 percent or more of elastomeric yarn or rubber thread, other than those of heading 6001, containing by weight 5 percent or more of elastomeric yarn but not containing rubber thread, other. The duty rate will be 12.3 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 222. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division