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NY F89904





July 27, 2000

CLA-2-58:RR:NC:TA:352 F89904

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.35.0010; 5801.36.0010

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

RE: The tariff classification of two woven warp pile fabrics of polyester and a chenille fabric of acrylic from Italy.

Dear Mr. Pipitone:

In your letter dated July 20, 2000, on behalf of your client Bartson Fabrics, Inc., you requested a tariff classification ruling.

Three samples of woven fabric accompanied your request for a ruling. The first, designated as style “Swing/Anzio”, is a woven warp pile fabric constructed with a 100% polyester pile and a base fabric composed of 84% polyester and 16% cotton. This product weighs 350 g/m2 and will be imported in 140 centimeter widths. This fabric has been dyed green and is characterized by a lush cut pile surface.

Style “Glamour/Lido”, is a woven warp pile fabric constructed with a 100% polyester pile and a base fabric composed of 88% polyester and 12% cotton. This product weighs 550 g/m2 and will be imported in 140 centimeter widths. This fabric has been dyed beige and is characterized by a lush cut pile surface.

Style “Rusty/Jordan”, is a jacquard woven chenille fabric constructed with a 100% acrylic chenille yarns in the filling and a base fabric composed of 69% polyester and 31% cotton. This product weighs 450 g/m2 and will be imported in 140 centimeter widths. This fabric has been manufactured with yarns of different colors and is characterized by a intricate floral motif with a textured surface created by the use of chenille yarns.

The applicable subheading for styles “Swing/Anzio” and “Glamour/Lido” will be 5801.35.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, warp pile fabrics, cut, over 271 grams per square meter. The rate of duty will be 18.1 percent ad valorem.

The applicable subheading for the fabric designated as style “Rusty/Jordan” will be 5801.36.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, chenille fabrics, with chenille yarns on one side only. The rate of duty will be 13.7 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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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