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February 3, 1999

CLA-2-58:RR:NC:TA:351 D86701

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.35.0010

Mr. Michael Pepitone
John F. Kilroy, Inc.
JFK International Airport
Cargo Building 80, Suite 227
Jamaica, NY 11430-1718

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

Dear Mr. Pepitone:

In your letter dated January 12, 1999, you requested a classification ruling on behalf of Wilton Sales Associates.

A sample was submitted which was identified as “Luigi SBR”.

You state that the fabric is backed with a rubberized coating. 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.”

The fabric does not 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. You state that the face or pile is made of 100 % acrylic fiber and that the weight of the fabric is 362 grams per square meter.

The applicable subheading for the fabric 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 18.4 percent ad valorem.

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 212-637-7086.

Sincerely,

Robert B. Swierupski
Director

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