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NY K81884




December 24, 2003
CLA-2-58:RR:NC:TA:352 K81884

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Mr. John F. McManus
ITOCHU International Inc.
335 Madison Avenue
New York, NY 10017

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

Dear Mr. McManus:

In your letter dated December 11, 2003 you requested a classification ruling. The sample that accompanied your request is being returned as requested.

The submitted sample is a woven chenille fabric composed of 55% polyester and 45% rayon. It is characterized by a highly textured surface created by chenille yarns that have been woven into the fabric in the filling direction. Our examination of the fabric indicates that every other filling yarn is a chenille yarn. The chenille yarns are said to be 100% rayon and are visible on both sides of the fabric. This product has been spray-coated on the back side with a polyamide plastic material. Weighing 310 g/m2, this product will be imported in 146 centimeter widths. Your letter indicates that this fabric will be used in the manufacture of drapes and as an upholstery fabric.

Your correspondence indicates that you believe that this product is classifiable as a coated fabric in subheading 5903.90.2500, HTS, or in the alternative as a flat woven fabric in subheadings 5407.93.2010 or 5407.94.2010, HTS. All three headings that you suggest are inappropriate for this product. Note 8 to Section XI states in part::

For the purposes of chapters 50 to 60:

Chapters 50 to 55 and 60 do not apply to goods of chapters 56 to 69. The effect of this Note is in essence to eliminate any conflict between chapters 50 to 55 and 60 with goods of chapters 56 to 59. If a product can be prima facie classifiable in chapters 56 to 59, it is excluded from classification in chapters 50 t0 55 and 60. Since this product is made with chenille yarns and heading 5801 provides for chenille fabrics, classification in heading 5407, HTS, is not appropriate. 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 chapters 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted and crocheted fabrics of headings 6002 to 6006.

Since the product before us for consideration when not coated is not classifiable in any of the headings specified in Note 1 to chapter 59, it is not considered a textile fabric for the purposes of chapter 59 and therefore would be precluded from classification in subheading 5903.90.2500, HTS.

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 in 2003 and 9.8 percent ad valorem in 2004.

This 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 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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