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NY K85208




April 23, 2004
CLA-2-58:RR:NC:TA:352 K85208

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Mr. Lynden Davis
Exel Global Logistics Inc.
230-29 International Airport Center Boulevard Suite 1000
Jamaica, NY 11413

RE: The tariff classification of rayon/polyester/cotton blend jacquard woven chenille fabric from Turkey.

Dear Mr. Davis:

In your letter dated April 14, 2004, on behalf of your client Penelope USA LLC, you requested a tariff classification ruling.

The submitted sample, designated as style “Crinkle-2” P1236, is a jacquard woven fabric constructed in part with chenille yarns. It is manufactured using yarns of different colors and is composed of 44% staple rayon, 35% filament polyester and 21% cotton. Weighing approximately 517 g/m2, this product will be imported in 140 centimeter widths. Your correspondence indicates that this item will be used in the upholstery industry.

The applicable subheading for the jacquard 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 the fabrics of heading 5802 or 5806, of man-made fibers, chenille fabrics, other. The rate of duty will be 9.8 percent ad valorem.

Goods classifiable in subheading 5801.36.0020, HTS, which are products of Turkey, are not subject to either quota restraints or visa requirements.

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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