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NY I82170




May 24, 2002

CLA-2-58:RR:NC:TA:352 I82170

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

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

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

Dear Mr. Brooks:

In your letter dated May 13, 2002 you requested a classification ruling.

Three samples of woven fabric accompanied your request for a ruling. The first, designated as style ZF9901A, is a jacquard woven chenille fabric composed of 100% polyester. It is characterized by a woven design featuring a stylized floral motif. This product has been constructed using chenille yarns in the filling which provides this fabric with a sculpted appearance. Weighing 330 g/m2, this item will be imported in 145 centimeter widths. Information you provided indicates that this fabric will be marketed for use in the upholstery industry.

Style KC0072A-7 is a jacquard woven chenille fabric constructed using yarns of different colors. It is composed of 48% acrylic, 39% polyester and 13% rayon. This product is characterized by a woven western motif featuring saddled horses. It is manufactured using chenille yarns in the filling providing the fabric with a textured surface. Weighing 400 g/m2, this item will be imported in 145 centimeter widths. Your correspondence indicates that this fabric will be used as an upholstery fabric.

Styles AJFFB-3 and AJFFB-5 are identical in construction and fiber content and vary only as to the color of the yarns used in the construction of the fabrics. Both styles are jacquard woven chenille fabrics composed of 60% rayon and 40% polyester. They are characterized by an intricate woven design featuring a variety of pictographs. The fabrics are manufactured using chenille yarns in the filling. Weighing 375 g/m2, these fabrics will be imported in 145 centimeter widths. Data you have provided indicates that these items will be marketed as upholstery fabrics.

The applicable subheading for all the jacquard woven chenille fabrics designated as styles AJFFB-3, AJFFB-5, ZF9901A and KC0072A-7 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 the jacquard 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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