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NY J80350




February 5, 2003

CLA-2-58:RR:NC:TA:352 J80350

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Mr. Michael Pipitone
John F. Kilroy Co., Inc.
Cargo Building 80, Suite 227
JFK International Airport
Jamaica, NY 11430-1718

RE: The tariff classification of a 100% nylon woven chenille fabric from Italy.

Dear Mr. Pipitone:

In your letter dated January 21, 2003, on behalf of your client Loomcraft Textiles, you requested a tariff classification ruling.

The submitted sample, designated as style “Naturesse Plain”, is a dyed plain woven chenille fabric composed of 100% nylon. The yarns that form this fabric have been constructed by gluing nylon flock to a core nylon multifilament yarn creating a chenille yarn. The yarns thus formed are then plain woven creating a fabric characterized by a fibrous texture on both surfaces of the fabric. Data supplied by you indicates that this product contains 8 warp ends per centimeter and 7.5 filling picks per centimeter. Weighing approximately 380 g/m2, this fabric will be imported in 154 centimeter widths.

Your correspondence indicates that you believe that subheading 5907.00.6000, HTS, may apply to this product. The Explanatory Notes which have been ruled the official interpretation of the Harmonized Code at the international level in specifying the scope of heading 5907, HTS, indicates that fabric formed by gluing textile flock to a fabric by sprinkling the flock in a fine layer over the surface fall within the scope of this heading. The good before us for consideration is not made in this manner since the flock is applied to yarns before the fabric is woven. Further, yarns made in this manner are considered chenille yarns and the method of manufacture specified herein is specifically included in the Explanatory Notes to heading 5606 as a method used in the manufacture of chenille yarns. This Explanatory Note goes on to state that chenille yarns are used to manufacture chenille fabric.

The applicable subheading for the 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 rate of duty will be 10.8 percent ad valorem.

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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