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NY I81382





May 21, 2002

CLA-2-58:RR:NC:TA:352 I81382

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.360010; 5801.36.0020; 5801.35.0010; 5212.24.6030

Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118

RE: The tariff classification of fourteen man-made fiber and cotton blend woven upholstery fabrics from China.

Dear Mr. Brooks:

In your letter dated May 2, 2002 you requested a classification ruling.

Fourteen samples of flat woven , woven chenille and woven pile fabrics accompanied your request for a ruling. The first, designated as “Rayon Woven Velvet, 2-2.5 mm Pile”, is a warp pile woven fabric composed of 78% rayon, 15% polyester and 7% cotton. The pile yarns are composed wholly of rayon. Weighing 469 g/m2, this product will be imported in 150 centimeter widths.

Styles KC0053L-16 and KC0053L-18 are identical in construction and fiber content and vary only in the color combinations used in the fabrics. The fabrics are jacquard woven chenille fabrics composed 51% rayon and 49% polyester. They are characterized by a woven design featuring stylized foliage. The filling yarns contain in part chenille yarns which provide these upholstery fabric with a textured surface. Weighing 387 g/m2, these products will be imported in 145 centimeter widths.

Style AJFFA-2 is a jacquard woven chenille fabric composed of 60% rayon and 40% polyester. It is characterized by an elaborate woven design with an Egyptian motif. Chenille yarns form part of the filling creating a sculptured surface. Weighing 375 g/m2, this item will be imported in 145 centimeter widths. Your correspondence indicates that this product will be used as an upholstery fabric.

Style KC0054E-2 is a jacquard woven chenille fabric composed of 100% polyester. It is characterized by a woven abstract design formed by series of intersecting line segments. The filling is in part composed of chenille yarns which produce a textured surface. Weighing 355 g/m2, this upholstery fabric will be imported in 145 centimeter widths.

Style KC0053F-3 is a jacquard woven chenille fabric composed of 51% acrylic and 49% polyester. It is characterized by having a complex woven geometric design and features a textured background created by the use of chenille yarns in the filling. Weighing 387 g/m2, this product will be imported in 145 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

Style ZF9907A is a jacquard woven chenille fabric composed of 100% polyester. It is characterized by a complex woven design featuring foliage and what appears to be a ceramic vase. The filling of this fabric is in part formed from chenille yarns providing the fabric with a textured surface. Weighing 330 g/m2, this product will be imported in 145 centimeter widths. Your letter indicates that the fabric will be used as an upholstery fabric.

Styles NBFQ-10 and NBFQ-8 are woven fabrics that are identical in construction and fiber content and vary only as to the yarn color combinations used in their construction. Both styles are jacquard woven chenille fabrics composed of 55% polyester and 45% acrylic. They are characterized by a floral motif and feature chenille yarns in the filling which creates a sculptured surface in these fabrics. Weighing 334 g/m2, these fabrics will be imported in 145 centimeter widths. Your correspondence indicates that these fabrics will be used as upholstery fabrics.

Style 618A is a jacquard woven fabric composed of 52% cotton and 48% linen. This product is characterized by a woven design featuring stylized leaves. It contains 32 warp ends per centimeter and 13 filling picks per centimeter . It is constructed using 21/2 c.c. cotton yarns in the warp and 10/1 c.c. linen yarns in the filling. It is manufactured using yarns of different colors. Weighing 235g/m2, this product will be imported in 145 centimeter widths. Your letter indicates that this item will be used as an upholstery fabric.

Style NC is a jacquard woven chenille fabric composed of 69.5% acrylic and 30.5% cotton. It is characterized by an intricate abstract woven design. It contains chenille yarns in the filling which create a textured surface as well as causing the woven design to project from the surface of the fabric. Weighing 400 g/m2, this fabric will be imported in 145 centimeter widths. Your letter indicates that this item will be used in the upholstery industry.

Styles KD0026B-4 and KD0026B-3 are woven fabrics of identical construction and fiber content and vary only in the color of the yarns used in their construction. These fabrics are jacquard woven double faced chenille fabrics composed of 52% polyester and 48% rayon. They are characterized by a complex woven abstract design and feature chenille yarns in the filling Weighing 380 g/m2, these fabrics will be imported in 145 centimeter widths. You indicate that these products will be used in the upholstery industry.

Style KC0074A-3 is a jacquard woven chenille fabric composed of 55% polyester and 45% acrylic. It is characterized by a complex woven design featuring what appears to be a stylized ideogram. It features chenille yarns in the filling. Weighing 325 g/m2, this product will be imported in 145 centimeter widths. You indicate that this fabric will be marketed as an upholstery fabric.

Styles KC0065B-4, KC0065B-3, KC0065B-6 and KC0065B-BLUE are jacquard woven chenille fabrics composed of 51% rayon and 49% polyester. They are identical in construction and fiber content and vary only in the colors that the yarns that form the fabrics have been dyed. They are characterized by an intricate woven design featuring a geometric design based around a diamond configuration. These fabrics contain chenille yarns in the filling creating a textured pile surface. Weighing 419 g/m2, these products will be imported in 145 centimeter widths. You indicate that these items will be marketed as upholstery fabrics.

Style KC0068A-1 is a jacquard woven chenille fabric composed of 75% acrylic and 25% polyester. It is characterized by an intricate woven design which simulates the look of braided strips. It features chenille yarns in the filling. Weighing 450 g/m2, this item will be imported in 145 centimeter widths. You indicate that this fabric will be marketed as an upholstery fabric.

Styles KC0056C-5 and KC0056H-3 are jacquard woven double faced chenille fabrics composed of 52% polyester and 48% acrylic. They are characterized by a complex woven design featuring curved lines. This fabric features chenille yarns in the filling. Weighing 380 g/m2, this fabric will be imported in 145 centimeter widths. Your correspondence indicates that this product will be marketed as an upholstery fabric.

The applicable subheading for the woven pile fabric designated as “Rayon Woven Velvet 2-2.5 mm Pile” 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 duty rate will be 17.7 percent ad valorem.

The applicable subheading for the woven pile fabrics designated as styles KC0065B-4, KC0065B-3, KC0065B-6, KC0065B-BLUE and NC 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 duty rate will be 11.7 percent ad valorem.

The applicable subheading for the woven pile fabrics designated as styles KC0056C-5, KC0056H-3, KC0068A-1, KC0074A-3, KD0026B-4, KD0026B-3, NBFQ-10, NBFQ-8, ZF9907A, KC0053F-3, KC0054E-2, AJFFA-2, KC0053L-16 and KC0053L-18 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.

The applicable subheading for the jacquard woven fabric designated as style 618A will be 5212.24.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of cotton, weighing more than 200 g/m2, of yarns of different colors, other, other, jacquard woven, of a width exceeding 127 centimeters. The duty rate will be 7.8 percent ad valorem.

The fabrics designated as styles KC0056C-5, KC0056H-3, KC0068A-1, KC0065B-4, KC0065B-3, KC0065B-6, KC0065B-BLUE, KC0074A-3, KD0026B-4, KD0026B-3, NC, NBFQ-10, NBFQ-8, ZF9907A, KC0053F-3, KC0054E-2, AJFFA-2, KC0053L-16, KC0053L-18 and “Rayon Woven Velvet 2-2.5 mm Pile” 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 jacquard woven fabric designated as style 618A falls within textile category designation 220. 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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