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NY J84054




May 16, 2003

CLA-2-58:RR:NC:TA:352 J84054

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.26.0020

Ms. Staci Morrison
UTI, United States, Inc.
1900-G Center Park Drive
Charlotte, NC 28217

RE: The tariff classification of a dyed cotton/rayon blend jacquard woven chenille fabric from Hong Kong.

Dear Ms. Morrison:

In your letter dated May 12, 2003, on behalf of your client P Kaufmann, you requested a classification ruling.

The submitted sample, designated as either style “Elgin” or “Elgin Special”, is a dyed jacquard woven chenille fabric composed of 57% cotton and 43% rayon. It is characterized by a intricate woven design featuring a stylized floral motif. The chenille yarns are prominent on both sides of the fabric creating a fibrous textured surface accenting the woven design. Weighing 423 g/m2, this product will be imported in 140 centimeter widths.

The applicable subheading for the jacquard woven chenille fabric will be 5801.26.0020, 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 cotton, chenille fabrics, other. The duty rate will be 1.3 percent ad valorem.

This fabric falls within textile category designation 224. Based upon international textile trade agreements products of Hong Kong 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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