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 a polyester/polypropylene blend weft knit mattress ticking fabric of double knit construction from China.

Dear Mr. Ponthieux:

In your letter dated July 24, 2008 you requested a classification ruling.

The submitted sample, designated as style Breckenridge Sky, is a weft knit fabric of double knit construction composed of 57.3% filament polyester and 42.7% filament polypropylene. This jacquard knit product is constructed using yarns of different colors and is characterized by a stylized floral motif. Texturized polyester yarns have been inserted between the layers of knit stitched during the knitting process creating a fabric with a spongy hand. Weighing approximately 195 g/m2, this item will be imported in 234 centimeter widths. Your correspondence indicates that this fabric will be used as mattress ticking.

The applicable subheading for the weft knit fabric designated as style Breckenridge Sky will be 6006.33.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other knitted or crocheted fabrics, of synthetic fibers, of yarns of different colors, of double knit or interlock construction, of polyester. The duty rate will be 10 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. At the present time goods produced in China that fall within textile category 222 are subject to both quota restraints and visa requirements. 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