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NY C89108


July 8,1998

CLA-2-58:RR:NC:TA:351 C89108

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.35.0010

Ms. Mary Lee Courtney

Oceanair

135 American Legion Highway

Revere, MA 02151

RE: The tariff classification of warp pile woven velvet fabric from Italy and Peru.

Dear Ms. Courtney:

In your letter dated June 5, 1998, you requested a classification ruling on behalf of Robert Allen Fabrics, Inc.

Three representative samples were submitted which were identified only by name: Velvetex, (fabric color is burgandy), Luigi (non-swirl, fabric color is burgundy), and Luigi (swirl, fabric color is ivory). You state the Velvetex fabric is made in Peru, and the Luigi fabrics are made in Italy. All three materials are warp pile woven velvet fabrics. The Luigi (ivory) fabric has a swirl pattern created by burning or cutting out portions of the pile surface with the ground remaining in the exposed areas.

You state that the fabrics are all backed with rubberized latex and that your client believes that classification should be under subheading 5906.99.2500, as a rubberized textile fabric. Even if the backing were visible to the naked eye, classification in Chapter 59 is precluded by virtue of Chapter Note 1 to Chapter 59 which states:

"Except where the context otherwise requires, for the purposes of this chapter the expression "textile fabrics" applies only (emphasis added) to the woven fabrics of chapters 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted or crocheted fabrics of heading 6002."

None of these fabrics fall within either the chapters or headings of selected chapters cited in Note 1.

Classification of pile fabrics is predicated upon the fiber content of the pile yarns, solely, with no account being taken of the composition of the ground fabric. Based upon the information given in the fabric detail sheets, it is assumed that the ground fabric is cotton and the pile is of man-made fibers. Also based upon the detail sheets, all three fabrics weigh over 271 grams per square meter.

The applicable subheading for the fabrics will be 5801.35.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven warp pile fabrics, over 271 grams per square meter. The duty rate is 18.6 percent ad valorem.

This merchandise falls within textile category designation 224. Based upon international textile trade agreements products of Peru are subject to the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Camille Ferraro at 212-

466-5885.

Sincerely,


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