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NY J89282




September 25, 2003

CLA-2-58:RR:NC:TA:352 J89282

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Mr. Benjie Manio
Greatex Mills, Inc.
433 Chabanel West #1204
Montreal, Quebec, Canada H2N 2J8

RE: The tariff classification of woven chenille fabric from China.

Dear Mr. Manio:

In your letter dated September 19, 2003 you requested a classification ruling.

The submitted sample is a woven chenille fabric composed of 100% polyester. Weighing 270 g/m2, this product will be imported in 150 centimeter widths. One side of the fabric has been coated with an acrylic plastic which functions to stabilize and stiffen the fabric. Your letter indicates that the plastic represents approximately 3% of the total weight of the fabric.

Your correspondence suggests that it is your belief that this item is classifiable in chapter 59 as a fabric coated with plastic. Note 1 to chapter 59 defines the term “textile fabric” for the purposes of chapter 59. This Note does not include either the pile fabrics or the chenille fabrics of Chapter 58 as eligible for being considered a “textile fabric” for the purposes of chapter 59. Consequently a fabric of heading 5801, Harmonized Tariff Schedules of the United States (HTS) that has been coated with plastics would be excluded from heading 5903, HTS, by 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 10.8 percent ad valorem.

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 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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