NY M81562

April 6, 2006

CLA-2-52:RR:NC:TA:352 M81562

CATEGORY: Classification

TARIFF NO.: 5211.49.0020

Ms. Liza V. Schaeffer

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

399 Park Avenue, 25^th^ Floor

New York, New York 10022-4877

RE: The tariff classification of two cotton/polyester blend jacquard
woven fabrics from China.

Dear Ms. Schaeffer:

In your letter dated March 27, 2006, on behalf of your client H.M.
Richards, Inc. you requested a classification ruling. The submitted
samples are being returned as requested.

Two samples of woven fabric accompanied your request for a ruling. The
first, designated as style HMR 2936-09 "Berkshire 6", is a jacquard
woven fabric composed of 71.6% cotton and 28.4% filament polyester.
Manufactured using yarns of different colors, this product is
characterized by a complex weave featuring a woven in diamond pattern
accented by a border created by curving swirls and curlicues. The fabric
has been constructed using 150 denier filament polyester yarns in the
warp and 10/1 c.c. cotton yarns in the filling. Weighing 367 g/m^2^,
this item will be imported in 145 centimeter widths.

Style HMR 2937-09 "Bridgeport 6" is a jacquard woven fabric composed of
71.6% cotton and 28.4% filament polyester. It is characterized by a
complex weave and features stripes of various widths created by altering
the interlacing pattern in groups of warp yarns. This product is
manufactured from yarns of different colors and has been constructed
using 150 denier filament polyester yarns in the warp and 10/1 c.c.
cotton yarns in the filling. Weighing 367 g/m^2^, this fabric will be
imported in 145 centimeter widths.

The applicable subheading for the two jacquard woven fabrics designated
as styles HMR 2936-09 "Berkshire 6" and HMR 2937-09 "Bridgeport 6" will
be 5211.49.0020, Harmonized Tariff Schedule of the United States
(HTSUS), which provides for woven fabric of cotton, containing less than
85 percent by weight of cotton, mixed mainly or solely with man-made
fibers, weighing more than 200 g/m^2^, of yarns of different colors,
other fabrics, jacquard woven. The duty rate will be 8.1 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/.

Both fabrics fall within textile category designation 220. At the
present time these two fabrics are not subject to either quota
restraints or visa requirements. 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