The tariff classification of a plastics coated textile upholstery type fabric, from China.

N008071 March 13, 2007 CLA-2-59:RR:NC:TA:350 CATEGORY: Classification TARIFF NO.: 5903.90.2500 Mr. Daimon Ponthieux Blumenthal print Works, Inc. 905 South Broad Avenue New Orleans, LA 70125 RE: The tariff classification of a plastics coated textile upholstery type fabric, from China. Dear Mr. Ponthieux: In your letter dated March 2, 2007, which was a follow-up to an earlier inquiry where we asked for additional information, you requested a classification ruling. The instant sample, identified as Pattern LF13V2, consists of a woven (ottoman weave) fabric composed of an 86% staple/14% filament polyester man-made fiber blend. This material contains a light, yet visible milky white acrylic coating on one surface. You state that the material weighs 323 grams per square meter. The applicable subheading for the material will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated, with plastics, of man-made fibers, not over 70 percent by weight of rubber or plastics. The duty rate will be 7.5 percent ad valorem. This merchandise falls within textile category 229. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-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 Deborah Walsh at 646-733-3044. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division