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NY L86180




July 13, 2005

CLA-2-58:RR:NC:TA:352 L86180

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Ms. Pam Escarre
Marisol International
1255-A Lynnfield Road, Suite 257
Memphis, TN 38119

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

Dear Ms. Escarre:

In your letter dated June 30, 2005, on behalf of your client Corinthian, Inc., you requested a classification ruling.

Three woven chenille fabrics accompanied your request for a ruling. Style “Atlantis” FT2012 is a jacquard woven chenille fabric composed of 77% staple rayon and 23% filament polyester. The filling yarns of this product are composed in part of chenille yarns. This product is characterized by an intricate jacquard design featuring concentric ovoid shapes distributed among irregularly shapes formed with sweeping curves. Weighing 580 g/m2, this fabric will be imported in 150 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

Style “Bad Boy” F0416 is a jacquard woven chenille fabric composed of 52% staple acrylic, 26% staple polypropylene and 22% filament polyester. The filling yarns of this product are composed in part of chenille yarns. This product is characterized by an intricate jacquard design featuring a dense fibrous surface created by the chenille yarns. The back of the fabric has been coated with a application of plastic to stabilize and stiffen the fabric. Weighing 285 g/m2, this fabric will be imported in 140 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

Style “Chinchilla” is a jacquard woven chenille fabric composed of 38% staple rayon, 33% staple polyester and 29% cotton. The filling yarns of this product are composed in part of chenille yarns. This product is characterized by an intricate jacquard design featuring a dense fibrous surface created by the chenille yarns. The back of the fabric has been coated with a application of plastic to stabilize and stiffen the fabric. Weighing 500 g/m2, this fabric will be imported in 150 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

The applicable subheading for all three woven chenille fabrics 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 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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