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NY I80492




April 22, 2002

CLA-2-58:RR:NC:TA:352 I80492

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Mr. Bob Glover
L.E. Coppersmith Inc.
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245

RE: The tariff classification of five woven chenille upholstery fabrics from China.

Dear Mr. Glover:

In your letter dated April 5, 2002, on behalf of your client Morgan Fabrics Corporation, you requested a classification ruling. The samples submitted with your correspondence are being returned as requested.

Five samples of woven chenille fabrics accompanied your request for a ruling. The first, designated as style Turning Leaf, is a woven chenille fabric composed of 57.2% rayon, 28.6% polyester and 14.2% cotton. It contains 64 warp ends per centimeter and 24 filling picks per centimeter. Weighing 423 g/m2, this product will be imported in 149 centimeter widths. It is characterized by having been woven with additional chenille yarns in the filling which have been interlaced to create a stylized textured leaf design. Your letter indicates that this fabric will be used in the upholstery industry.

Style Graphis is a woven chenille fabric composed of 63% rayon, 32% cotton and 5% acrylic. It contains 11.8 warp ends per centimeter and 6.3 filling picks per centimeter. Weighing 979 g/m2, this product will be imported in 142 centimeter widths. It is characterized by having been woven with additional chenille yarns in both the warp and filling which have been interlaced to create a textured surface on both sides of the fabric. This item has been manufactured with yarns of different colors. Your letter indicates that this fabric will be used in the upholstery industry.

Style Brentwood is a woven chenille fabric composed of 80% rayon and 20% polyester. It contains 24.4 warp ends per centimeter and 13 filling picks per centimeter. Weighing 435 g/m2, this product will be imported in 140 centimeter widths. It is characterized by having been woven with additional chenille yarns in the filling which have been interlaced to create a mottled textured surface. Your letter indicates that this fabric will be used in the upholstery industry.

Style Opulence III is a woven chenille fabric composed of 70% rayon and 30% polyester. It contains 16.5 warp ends per centimeter and 9.8 filling picks per centimeter. Weighing 800 g/m2, this product will be imported in 140 centimeter widths. It is characterized by having been woven with additional chenille yarns in the filling which have been interlaced to create a textured surface. It has been manufactured with yarns of different colors. Your letter indicates that this fabric will be used in the upholstery industry.

Style Voyage is a woven chenille fabric composed of 35% viscose rayon, 30% cuprammonium rayon and 30% cotton. Weighing 802.8 g/m2, this product will be imported in 142 centimeter widths. It is characterized by having been woven with additional chenille yarns in both the warp and the filling which have been interlaced to create a textured surface. Your letter indicates that this fabric will be used in the upholstery industry.

The applicable subheading for the five woven chenille fabrics will be 5801.36.0020, 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, other. The duty rate will be 11.7 percent ad valorem.

All five woven chenille fabrics fall within textile category designation 224. 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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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