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HQ 964391




October 24, 2001

CLA-2 RR:CR:TE 964391 mbg

CATEGORY: CLASSIFICATION

Tariff No.: 5801.26.0010; 5801.26.0020; 5801.36.0020

Ms. Mary Beth Osborne
Purchasing Manager
W-C Imports d.b.a. W-C Designs
905 East Katella Avenue
Anaheim, CA 92805

RE: Request for Classification of Woven Chenille Fabrics for Bedding

Dear Ms. Osborne:

This letter is in response to your correspondence with this office dated May 17, 2000, requesting classification of five samples of woven fabrics containing chenille yarns under the Harmonized Tariff Schedule of the United States Annotated (“HTSUSA”).

FACTS:

Five samples of woven fabric containing chenille yarns were submitted to Customs for analysis. You have stated that all of these fabrics will be imported on bolts directly from the manufacturer in Taiwan through the port of Los Angeles and used in the manufacture of bedding items.

Sample 1 is identified as style “Trellis”. The jacquard woven fabric is manufactured with yarns of different colors with a floral and trellis motif featuring chenille yarns on both sides of the fabric as a background to the design. Laboratory analysis has determined that the fabric is composed of 37.6 percent filament polyester and 62.4 percent staple cotton; however, 28 percent of the fabric is composed of cotton chenille yarns. The fabric weighs 264.2 grams per meter squared (g/m2) and will be imported in 152 centimeter widths.

Sample 2 is identified as style “Antigua” and is a jacquard woven fabric manufactured with yarns of different colors. It is composed of 35.4 percent filament polyester and 64.6 percent staple cotton. However, 31.5 percent of the fabric is composed of cotton chenille yarns. This fabric is characterized by the jacquard woven floral motif and features chenille yarns on both sides of the fabric as a background to the design. The fabric weighs 243.5 g/m2 and will be imported in 152 centimeter widths.

Sample 3 is identified as style “Chenille Dot” and is a dobby woven fabric manufactured with yarns of different colors. It is composed of 41.9 percent filament polyester and 58.1 percent staple cotton. However, 11.8 percent of the fabric is composed of cotton chenille yarns. This sample is characterized by the linear matrix motif and features the chenille yarns on one side of the fabric creating a surface texture. The fabric weighs 245.8 g/m2 and will be imported in 152 centimeter widths.

Sample 4 is identified as style “Golden Matrix” and is a plain woven fabric manufactured with yarns of different colors. It is composed of 41.9 percent filament polyester and 58.1 percent staple cotton. However, 11.8 percent of the fabric is composed of cotton chenille yarns. This fabric is characterized by the linear matrix motif and features the chenille yarns on one side of the fabric creating surface texture. The fabric weighs 207.5 g/m2 and will be imported in 152 centimeter widths.

Sample 5 is identified as style “Golden Poppies” and is a jacquard woven fabric manufactured with yarns of different colors. It is composed of 53.9 percent filament polyester and 46.1 percent staple cotton. However, 19.5 percent of the fabric is composed of cotton chenille yarns. This fabric is characterized by the jacquard woven floral motif and features chenille yarns on both sides of the fabric as a background to the design. The fabric weighs 257.7 g/m2 and will be imported in 152 centimeter widths.

ISSUE:

What is the proper classification of the subject merchandise under the HTSUSA?

LAW AND ANAYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (“GRIs”). GRI 1 provides that classification shall be determined according to the terms of the heading of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (“EN”) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI.

Determination of the HTSUSA classification of the subject merchandise requires an understanding of terminology which is germane to the issue and utilized by the HTSUSA. We note the following definitions:

Chenille- 1. A special yarn with pile protruding on all sides, produced by first weaving a fabric with a tightly twisted, strong warp and silk, wool, rayon, cotton or manufactured fiber filling; the warps are taped in groups of four and the fillings are beaten in very closely; after weaving, the fabric is cut lengthwise between each of these groups of warp yarns, with each cutting producing a continuous chenille yarn that then is twisted. Chenille yarn is used as a filling in reversible bath mats, bedspreads, rugs, heavy drapery fabrics, fringes, and tassels. 2. A fabric woven from chenille yarns. Fairchild’s Dictionary of Textiles, Phylls G. Tortora & Robert S. Merkel, 110 (1996).

Pile- Raised loops, tufts (cut loops), cut interlacings of double cloths, or other yarns or fibers deliberately emplaced to stand away from the surface of a fabric. A pile may form all or part of the surface of the fabric. Pile should not be confused with nap, which is formed by shredding surface yarns of a fabric. See pile fabric. Id. at 424.

Pile Fabric- Fabric having a pile. Some examples include carpet, chenille, corduroy, fake fur, french terry, panne velvet, plush, rugs, sliver knits, terry (woven and knitted), velour, velvet, velveteen. Id.

Jacquard- A system of weaving that, because of a pattern-making mechanism of great versatility, permits the production of woven designs of considerable size. . . . Id. at 292.

Dobby- 1. A mechanical part of some looms that controls the harness to permit weaving of small, geometric figures. These patterns are beyond the range of cam of single looms and are too limited to be produced economically by a jacquard loom. 2./ A loom with a dobby attachment. 3. A general term for fabric woven on a dobby loom or the type of pattern generally made on them. Id. at 176.

Legal Note 2 to Section XI, HTSUSA, provides:

Goods classifiable in Chapter 50 to 55 or in heading No. 5809 or 5902 and of a mixture of two of more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over any other single textile materials.

When no one textile material predominates by weight, the goods are to be classified as if consisting wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration.

Subheading Note 2(A) to Section XI, HTSUSA, provides:

Products of Chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under Note 2 to this Section for the classification of a product of Chapters 50 to 55 consisting of the same textile materials.

A detailed review of the appropriate ENs is necessary for the determination of the proper classification of the subject merchandise. In discussing woven fabrics, the General ENs to Chapters 50 to 55 of Section XI provide:

The woven fabrics of Chapters 50 to 55 are products obtained by interlacing textile yarns (whether of the kinds classified in Chapters 50 to 55 or those regarded as twine, cordage, etc., of heading 5607), rovings, monofilament or strip and the like of Chapter 54, loop wale-yarn, narrow ribbons, braids or narrow fabrics (consisting of warp without weft assembled by means of an adhesive, etc.) on warp and weft looms. Certain woven fabrics are, however, excluded, for example:

(b) Pile fabrics or chenille fabrics of heading 5801, . . . .

Heading 5801, HTSUSA, eo nomine provides for woven pile fabrics and chenille fabrics and by virtue of the construction of the subject fabrics, each would fall within the scope of this heading.

Reference to the ENs for Heading 5801 is helpful in this regard and when defining chenille fabrics provides:

Chenille fabrics are very similar to the chenille carpets of heading 57.02; like these, their pile surface (usually on both sides) is produced by chenille yarns. They are generally manufactured by means of an additional weft of chenille yarn or by inserting chenille yarn, in different lengths and colours, into the warp during weaving of the ground fabric.

Pile fabrics and chenille fabrics are made of various materials but silk, wool, fine animal hair, cotton and man-made fibres are most commonly used for the pile. All these fabrics may be plain, ribbed or figured or may be embossed after weaving; figured pile fabrics include those with a surface only partly covered with pile, or with a surface of partly cut or partly looped pile (cisel é velvets) thus producing very varied designs. Woven pile fabrics imitating furskins (e.g., astrakhan, caracul or imitation leopard skins) are also classified here, but imitation furskins made, for example, by sewing or gumming in the pile are excluded (heading 43.04).

The inclusion of chenille yarns into the weft of the instant fabrics in conjunction with the overall fiber content provides for the classification of the samples. Chenille fabric must be made with chenille yarns whose placement in these fabrics creates the aforementioned ribs or figures. As stated in the above cited ENs, the chenille yarns are woven into the jacquard or dobby design as an additional weft yarn.

Additional support for this analysis may be found in the ENs to Heading 5702 which are specifically referred to in the ENs for Heading 5801. The EN for Heading 5702, HTSUSA, specifically state that chenille carpets have a pile surface made of chenille yarn (emphasis added.) A chenille yarn is defined in the EN to heading 5606, HTSUSA, as:

Chenille yarn consists generally of two or more strands of textile yarn twisted together and gripping short ends of textile yarn which stand out practically perpendicularly. It therefore looks like yarn tufted with pile threads throughout its length. It is usually manufactured directly on special looms or by cutting up special leno fabric; in the latter process, after the fabric has been cut along either side of each group of warp threads, it is these warp threads (ground and crossing threads) which serve as support in the chenille yarn, and the weft which forms the pile.

Chenille yarn is used, inter alia, in the manufacture of chenille fabric or of various trimmings.

As chenille fabrics are specifically excluded from classification in woven fabrics headings of Chapters 50 to 55, HTSUSA, one is directed to heading 5801, HTSUSA, which specifically provides for the subject merchandise. Within heading 5801, classification requires the application of Section XI subheading note 2(A) to determine the fiber of chief weight taking into consideration all of the textile materials present in the instant chenille fabrics.

HOLDING:

The woven fabrics identified as styles Trellis, Antiqua, and Chenille Dot are properly classified under subheading 5801.26.0020, HTSUSA, which provides for “Woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: Of cotton: Chenille fabrics: Other.” The provision is dutiable under the general column one rate at 3.8 percent ad valorem. The textile category designation is 224.

The woven fabric identified as style Golden Matrix is properly classified under subheading 5801.26.0010, HTSUSA, which provides for “Woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: Of cotton: Chenille fabrics: With chenille yarns on one side only.” The provision is dutiable under the general column one rate at 3.8 percent ad valorem. The textile category designation is 224.

The woven fabric identified as style Golden Poppies is properly classified under subheading 5801.36.0020, HTSUSA, which provides for “Woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: Of man-made fibers: Chenille fabrics: Other.” The provision is dutiable under the general column one rate at 12.7 percent ad valorem. The textile category designation is 224.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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