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

Ms. Pam Reeder
Evans and Wood & Co., Inc.
612 E Dallas Rd., Suite 200
Grapevine, TX 76051

RE: The tariff classification of a jacquard woven, rayon/polyester/cotton fabric from China

Dear Ms. Reeder:

In your letter dated July 20, 2009, on behalf of Hobby Lobby Stores, Inc., you requested a tariff classification ruling.

The first submitted sample is identified as Item 563668 - Fil Anthony, Brass. It is a jacquard woven fabric composed of 44% staple rayon, 35% staple polyester and 21% cotton fibers. It is composed of yarns of different colors. This merchandise weighs 370 g/m2 and will be used for home decorating.

The applicable subheading for Item 563668 will be 5516.93.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of artificial staple fibers, other, of yarns of different colors, jacquard weave. The duty rate will be 8.5%.

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/.

Your inquiry does not provide enough information for us to give a classification ruling on Items 441675 and 110700. Your request for a classification ruling should include the following information: please provide full manufacturing details for both fabrics (including whether these materials were brushed), describing in detail how the decorative patterns were produced on the outer surfaces. Were coatings of any type applied to either of these two fabrics, or were the designs produced by using a calendaring operation? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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,

Robert B. Swierupski
Director
National Commodity Specialist Division