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NY K86738




June 8, 2004
CLA-2-58:RR:NC:TA:352 K86738

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.35.0010

Mr. Jim Reynolds
John A. Steer Co.
28 South Second Street
Philadelphia, PA 19106

RE: The tariff classification of rayon/cotton blend woven fabric of warp pile construction from France.

Dear Mr. Reynolds:

In your letter dated May 1, 2004 on behalf of your client Vaughan Designs, you requested a tariff classification ruling.

The submitted sample, designated as style “Ottoman Velvet” code NV03/R, is a woven fabric of cut warp pile construction composed of 59% viscose rayon and 41% cotton. The pile yarns are composed wholly of viscose rayon. The fabric is characterized by a intricately woven base fabric accented by a cut pile surface that forms an elaborate free form design on one surface of the fabric. Weighing 635 g/m2, this product will be imported in 135 centimeter widths.

The applicable subheading for the warp pile woven fabric designated as style “Ottoman Velvet” code NV03/R will be 5801.35.0010, 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, warp pile fabrics, cut , over 271 grams per square meter. The rate of duty will be 17.2 percent ad valorem.

Goods classifiable in subheading 5801.35.0010, HTS, which are products of France are not currently subject to either quota restraints or visa requirements.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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