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NY F86503




May 11, 2000

CLA-2-59:RR:NC:TA:350 F86503

CATEGORY: CLASSIFICATION

TARIFF NO.: 5907.00.6000

Mr. Ernest J. Wright, Jr.
E.J. Wright, Inc.
1887 O’Toole Avenue, Suite C-112
San Jose, CA 95131

RE: The tariff classification of a chenille and a flocked fabric, from China.

Dear Mr. Wright:

In your letter dated April 20, 2000, you requested a classification ruling.

You submitted two samples identified as 1 and 2, respectively.

The sample identified as #2 (Fairven Fabric) and green in color, is a woven fabric that has been flocked on one surface. The flocked portion has been embossed to imbue a suede-like appearance. The sample is marked 100% nylon. The classification of this material is predicated upon the textile composition of the woven backing. Bench tests indicate that the woven backing is composed of a man-made fiber other than nylon. This will not affect the final classification. In the future, please indicate exactly how imported, i.e., in rolls and provide dimensions.

We will not be able to provide you with a classification ruling on the other sample (#1) identified as Tobermouy without the following additional information: We need to know the weight of all the fibers, what the chenille yarns are composed of and percentages and what “acrylic cotton” means, i.e., blended fibers must be identified by each fiber type by percentage and weight.

We will be retaining the sample of the Tobermouy fabric to prevent its possible loss in the mail.

The applicable subheading for sample #2 (Fairven Fabric) will be 5907.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabric otherwise impregnated, coated, or covered, not laminated, of man-made fibers. The duty rate will be 2.3 percent ad valorem.

This item falls within textile category designation 229. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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