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NY I88721




December 13, 2002

CLA-2-58:RR:NC:TA:352 I88721

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 a rayon/polyester blend woven chenille upholstery fabric from China.

Dear Mr. Glover:

In your letter dated December 9, 2002, on behalf of your client Morgan Fabrics Corporation, you requested a classification ruling. The sample is being returned as requested.

The submitted sample, designated as style “Matty”, is a woven chenille fabric constructed from yarns of different colors. It is composed of 69.9% rayon chenille and 30.1% filament polyester. It is characterized by having been manufactured with a portion of both the warp and filling consisting of rayon chenille yarns which are visible on both sides of the fabric. Weighing approximately 600 g/m2, this product will be imported in 145 centimeter widths. Your correspondence indicates that the fabric has been coated on one surface with an emulsion of acrylic plastic to stiffen and stabilize the fabric. This fabric is designed for use in the upholstery industry.

Your letter indicates that you believe that this product is classifiable under the provision for textile fabrics impregnated, coated, covered or laminated with plastics in subheading 5903.90, HTS. This is not possible. Note 1 to chapter 59 states:

1. Except where the context otherwise requires, for the purposes of this chapter the expression “textile fabrics” applies only to the woven fabrics of chapter 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted or crocheted fabrics of headings 6002 to 6006.

Since the fabric before us for consideration is a woven chenille fabric classifiable in heading 5801, HTS, it does not meet the definition of a “textile fabric” for the purposes of chapter 59. Consequently, this fabric even if coated, covered, impregnated or laminated with plastic is excluded from classification in heading 5903 which requires that the good be a “textile fabric” as defined in Note 1 to chapter 59.

The applicable subheading for the woven chenille fabric 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 in 2002 and 10.8 percent ad valorem in 2003.

This fabric falls 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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