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NY K82811




June 23, 2004
CLA-2-58:RR:NC:TA:352 K82811

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.33.0000

Ms. Leslie Araki
SST International
10415 La Cienega Blvd.
P.O. Box 45055
Los Angeles, CA 90045

RE: The tariff classification of a 100% polyester woven fabric of weft pile construction from China.

Dear Ms. Araki:

In your letter dated January 26, 2004, on behalf of your client Dorell Fabrics Co., you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “Mega Plush” number FE 2676, indicates that it is a woven fabric of weft pile construction composed of 100% polyester. This product is constructed using 150 denier filament polyester yarns in the warp and 210 denier polyester filament yarns in the filling. It contains yarns of different colors and is characterized by cut pile surface. Weighing 294.8 g/m2, this fabric will be imported in 150 centimeter widths.

Your correspondence suggests that you believe that this fabric should be classified as a woven polyester fabric in subheading 5407.52, Harmonized Tariff Schedules of the United States (HTS). We do not share your analysis. Note 8 to Section Xl 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 59.

This note effectively excludes classification of a woven fabric in chapters 50 to 55 if it could be classified in chapters 56 to 59. Since the laboratory has determined that this fabric is a woven fabric of pile construction and heading 5801, HTS, provides for woven pile fabrics, classification in subheading 5407.52, HTS, is precluded based on Note 8 to Section Xl.

The applicable subheading for the woven pile fabric designated as style “Mega Plush” number FE 2676 will be 5801.33.0000, 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, other weft pile fabrics. The duty rate will be 9.8 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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