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NY J80028




January 15, 2003

CLA-2-58:RR:NC:TA:352 J80028

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0010

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

RE: The tariff classification of rayon chenille/polyester blend jacquard woven fabric from China.

Dear Mr. Glover:

In your letter dated January 7, 2003, on behalf of your client Morgan Fabrics Corporation, you requested a classification ruling.

The submitted sample, designated as style “Como”, is a jacquard woven chenille fabric composed of 70% rayon chenille yarns and 30% polyester. Weighing 640 g/m, it will be imported in 140 centimeter widths. Your correspondence indicates that this product has had an application of acrylic applied to the back surface of the fabric, however the plastic coating is not visible to the naked eye.

Your letter indicates that it is your belief that this product should be classified as a coated fabric in subheading 5903.90, HTS. This is not possible since this subheading requires that the goods classified therein must be “textile fabrics” impregnated, coated, covered or laminated with plastics. Note 1 to chapter 59 states:

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 would be classifiable as a chenille fabric in heading 5801, HTS, if not coated, covered, impregnated or laminated with plastic, it fails to meet the definition for a “textile fabric” for the purposes of classification in chapter 59, HTS and is therefore excluded from classification in subheading 5903.90, HTS.

The applicable subheading for the jacquard woven chenille fabric will be 5801.36.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than the fabrics of heading 5802 or 5806, of man-made fibers, chenille fabrics, with chenille yarns on one side only. The duty rate will be 10.8 percent ad valorem.

This jacquard woven chenille 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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