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NY L83705





April 7, 2005

CLA-2-58:RR:NC:TA:352 L83705

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0010; 5801.36.0020

Ms. Liza V. Schaeffer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

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

Dear Ms. Schaeffer:

In your letter dated March 29, 2005, on behalf of your client H.M. Richards, Inc., you requested a classification ruling. The samples are being returned as requested.

Three samples of woven fabric accompanied your request for a ruling. The first, designated as style 5600 Pattern “Bixby”, is a woven chenille fabric composed of 48% rayon, 28% polyester and 24% cotton. It features chenille yarns inserted in the filling direction and these yarns are visible on one side of the fabric creating a dense fibrous surface. Weighing approximately 460 g/m2, this product will be imported in 145 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

The sample designated as style 5504 Pattern “Vintage”, is a woven chenille fabric composed of 52.3% rayon and 47.7% polyester. It features chenille yarns inserted in the filling direction and these yarns are visible on both sides of the fabric creating a dense fibrous surface. One side of the fabric has been coated with plastic to stabilize and stiffen the fabric. Weighing approximately 304 g/m2, this product will be imported in 148 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

The sample designated as style 6960 Pattern “Kew Place”, is a jacquard woven chenille fabric composed of 57% rayon and 43% polyester. It features chenille yarns inserted in the filling direction that are visible on one side of the fabric and these yarns create a dense fibrous surface. One side of the fabric has been coated with plastic to stabilize and stiffen the fabric. Weighing approximately 611 g/m2, this product will be imported in 148 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

The applicable subheading for the upholstery fabric designated as style 5600 Pattern “Bixby” 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.

The applicable subheading for the upholstery fabrics designated as styles 5504 Pattern “Vintage” and 6960 Pattern “Kew Place” 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.

All three woven chenille fabrics fall within textile category designation 224. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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