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NY L86664




August 12, 2005

CLA-2-58:RR:NC:TA:352 L86664

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

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

RE: The tariff classification of three man-made fiber woven chenille fabrics from China.

Dear Ms. Schaeffer:

In your letter dated August 4, 2005, on behalf of your client H. M. Richards, Inc. you requested a classification ruling. The samples you submitted are being returned as requested.

Three samples of woven chenille fabric accompanied your request for a ruling. Style HMR 4653-82 (F2113-5) is a jacquard wove chenille fabric composed of 66% rayon and 34% polyester. This product is constructed with yarns of different colors and is woven using in part chenille yarns in the filling. It is characterized by a complex woven design featuring raised amorphous shapes created by the chenille yarns. Weighing approximately 625 g/m2, this fabric will be imported in 141 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

Style HMR 4652-82 (F2112-5) is a jacquard woven chenille fabric composed of 66% rayon and 34% polyester. It is constructed using yarns of different colors and is characterized by a filling composed in part of chenille yarns. This product features an intricate woven design with raised irregular concentric rings formed by the chenille yarns and somewhat reminiscent of a topographic map. Weighing 625 g/m2, this fabric will be imported in 141 centimeter widths. Your letter indicates that this item will be used as an upholstery fabric.

Style HMR 5350-84 “Fireworks Cocoa” is a jacquard woven double faced chenille fabric composed of 55% polyester and 44% rayon. It is characterized by an elaborate woven floral motif with chenille yarns accenting the floral designs and providing texture to the fabric. The product is manufactured using yarns of different colors and features a filling composed in part of chenille yarns. Weighing 421 g/m2, this fabric will be imported in 147 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 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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