CLA-2-54:OT:RR:NC:N3:352

Mr. Brett Ian Harris
Pisani & Roll LLP
1629 K Street NW, Suite 300
Washington, DC 20006

RE: The tariff classification of a woven polyester/polypropylene filament fabric bonded to a non-woven backing, from China

Dear Mr. Harris:

In your letter dated March 18, 2011, on behalf of Global Textile Alliance, Inc., you requested a tariff classification ruling.

The submitted sample, identified as style Cantucci, is a bonded fabric consisting of a woven face fabric bonded to a non-woven backing fabric. The plastic adhesive that bonds these fabrics together is not visible in cross section. According to the information provided, the face fabric is composed of 50% filament polyester and 50% filament polypropylene, and weighs 146 g/m2. The non-woven backing fabric is composed of 100% polypropylene fibers and weighs 14 g/m2. The combined fabric weighs 160 g/m2 and will be imported in 230 centimeter widths. Based on the relative values, use, quantity and design of the face fabric and the backing fabric, we have determined that it is the face fabric which imparts this product with its essential character.

The applicable subheading for style Cantucci will be 5407.73.2015, Harmonized Tariff Schedule of the United States (HTSUS), 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 not more than 170 g/m2. The rate of duty will be 8.5% 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 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