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NY J85771




June 23, 2003

CLA-2-58:RR:NC:TA:352 J85771

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118

RE: The tariff classification of three woven chenille fabrics from India.

Dear Mr. Brooks:

In your letter dated June 9, 2003 you requested a classification ruling.

Three samples of chenille woven fabric accompanied your request for a ruling. The first, designated as style “Rider”, is a jacquard woven chenille fabric composed of 100% polyester. It is characterized by a stylized floral motif and contains chenille yarns to provide texture and accent to the elaborate woven design. It contains 66 single yarns per centimeter in the warp and 31 single yarns per centimeter in the filling. Weighing 245 g/m2, this product will be imported in 137 centimeter widths.

Style “Luglio”, is a jacquard woven chenille fabric composed of 100% polyester. It is characterized by a stylized floral motif and contains chenille yarns to provide texture and accent to the elaborate woven design. It contains 66 single yarns per centimeter in the warp and 31 single yarns per centimeter in the filling. Weighing 245 g/m2, this product will be imported in 137 centimeter widths.

Style “Moroso” is a woven chenille fabric composed of 98% polyester and 2% rayon. It is characterized by a complex weave featuring a series of stripes formed both by using different color yarns, chenille yarns and variations in the interlacing of the yarns. This fabric contains 66 warp ends per centimeter and 27 filling picks per centimeter. Weighing 122 g/m2, this product will be imported in 137 centimeter widths.

The applicable subheading for the three woven chenille fabric designated as styles “Rider”, “Luglio” and “Moroso” 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 10.8 percent ad valorem.

These three chenille fabrics fall within textile category designation 224. Based upon international textile trade agreements products of India 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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