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NY K86098




May 14, 2004
CLA-2-58:RR:NC:TA:352 K86098

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020; 5801.36.0010

Ms. Kathleen H. Railey
Culp Inc.
P.O. Box 2686
101 S. Main Street
High Point, NC 27261-2686

RE: The tariff classification of five jacquard woven chenille fabrics from China.

Dear Ms. Railey:

In your letter dated May 4, 2004 you requested a classification ruling.

Five samples of woven fabrics accompanied your request for a ruling. The first, designated as style “Frankie”, is a jacquard woven chenille fabric composed of 58% rayon, 31% polyester and 31% cotton. It is characterized by a intricate woven design accented by a textured surface created by chenille yarns. This product has been constructed using yarns of different colors. Weighing 750 g/m2, this fabric will be imported in 137 centimeter widths.

Style “Segal”, is a jacquard woven chenille fabric composed of 50% polyester and 50% olefin. It is characterized by a intricate woven design accented by a textured surface created by chenille yarns. This product has been constructed using yarns of different colors. Weighing 320 g/m2, this fabric will be imported in 137 centimeter widths.

Style “Cord”, is a jacquard woven chenille fabric composed of 46% rayon, 39% polyester and 15% cotton. It is characterized by a intricate woven design accented by a textured surface created by chenille yarns. This product has been constructed using yarns of different colors and features a stylized floral motif. Weighing 420 g/m2, this fabric will be imported in 140 centimeter widths.

Style “Johnny”, is a jacquard woven chenille fabric composed of 38% polyester, 31% acrylic and 31% cotton. It is characterized by a intricate woven design accented by a textured surface created by chenille yarns. This product has been constructed using yarns of different colors and features a stylized floral motif. Weighing 380 g/m2, this fabric will be imported in 137 centimeter widths.

Style “Cashgar”, is a jacquard woven chenille fabric composed of 73% rayon and 27% polyester. It is characterized by a intricate woven design accented by a textured surface created by chenille yarns. This product has been constructed using yarns of different colors and features a stylized floral motif. Weighing 480 g/m2, this fabric will be imported in 137 centimeter widths.

The applicable subheading for the four fabrics designated as styles “Frankie”, “Segal”, “Johnny” and “Cashgar” 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 9.8 percent ad valorem.

The applicable subheading for the fabric designated as style “Cord” will be 5801.36.0010, 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, with chenille yarns on one side only. The duty rate will be 9.8 percent ad valorem.

All five jacquard woven chenille fabrics fall 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 646-733-3945.

Sincerely,

Robert B. Swierupski
Director,

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