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NY I83081





June 20, 2002

CLA-2-58:RR:NC:TA:352 I83081

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0010; 5801.36.0020

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

RE: The tariff classification of four man-made fiber/cotton blend woven chenille upholstery fabrics from China.

Dear Mr. Glover:

In your letter dated June 12, 2002, on behalf of your client Morgan Fabrics Corporation, you requested a classification ruling. The samples are being returned as requested.

Four samples of woven chenille fabric accompanied your request for a ruling. The first, designated as style Palisades, is a woven fabric incorporating chenille yarns in the filling and is composed of 57.2% rayon, 28.6% polyester and 14.2% cotton. It contains 64 warp ends per centimeter and 19 filling picks per centimeter. Weighing 630.4 g/m2, this product will be imported in 150 centimeter widths. Style Eden is a woven fabric incorporating chenille yarns in the filling and is composed of 64.3% rayon and 35.7% polyester. It contains 72 warp ends per centimeter and 27 filling picks per centimeter. Weighing 636.1 g/m2, this product will be imported in 148 centimeter widths. Style Santa Monica is a woven fabric incorporating chenille yarns in the filling and is composed of 57.2% rayon, 28.6% polyester and 14.2% cotton. It contains 64 warp ends per centimeter and 19 filling picks per centimeter. Weighing 630.4 g/m2, this product will be imported in 150 centimeter widths. Style Diagonal Square is a woven fabric incorporating chenille yarns in the filling and is composed of 38.4% polyester 36.6% acrylic and 25% cotton. It contains 68.57 warp ends per centimeter and 22 filling picks per centimeter. Weighing 506.2 g/m2, this product will be imported in 140 centimeter widths.

The applicable subheading for the two chenille fabrics designated as styles Palisades and Santa Monica 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 two chenille fabrics designated as styles Eden and Diagonal Square 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 four 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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