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NY L87560




September 19, 2005

CLA-2-58:RR:NC:TA:352 L87560

CATEGORY: CLASSIFICATION

TARIFF NO.: 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 two rayon/cotton/polyester blend jacquard woven chenille fabrics from China

Dear Ms. Schaeffer:

In your letter dated September 12, 2005, on behalf of your client H.M. Richards, Inc., you requested a classification ruling. The portions of the samples not consumed in analysis are being returned as requested.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style No. 5948 “Union”, is a jacquard woven chenille fabric composed of 37% viscose rayon, 32% cotton, and 31% polyester. It is characterized by an elaborate woven design featuring a stylized floral motif. Chenille yarns have been inserted in the filling direction providing the fabric with a textured surface and accenting the jacquard woven design. Weighing 750 g/m2, this product will be imported in 137 centimeter widths. One side of the product has been coated with an application of plastic which stabilizes and stiffens the fabric. Your correspondence indicates that this fabric will be used as an upholstery fabric.

Style No. 5949 “Regency” is a jacquard woven chenille fabric composed of 37% viscose rayon, 32% cotton, and 31% polyester. It is characterized by an elaborate woven design featuring a stylized floral motif. Chenille yarns have been inserted in the filling direction providing the fabric with a textured surface and accenting the jacquard woven design. Weighing 750 g/m2, this product will be imported in 137 centimeter widths. One side of the product has been coated with an application of plastic which stabilizes and stiffens the fabric. Your correspondence indicates that this fabric will be used as an upholstery fabric.

Although these fabrics have been coated on one side with plastic, they are excluded from classification as textile fabrics coated, covered, impregnated or laminated with plastics in heading 5903, HTS. Note 1 to chapter 59 states:

Except where the context otherwise requires, for the purposes of this chapter the expression “textile fabrics” applies only to the woven fabrics of chapters 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted or crocheted fabrics of headings 6002 to 6006.

Since the jacquard woven chenille fabrics before us for consideration would be classifiable in heading 5801, HTS, if the were not coated with plastic, they are excluded from classification in chapter 59 when coated with plastic by operation of Note 1 to chapter 59.

The applicable subheading for the two jacquard woven chenille fabric designated as style numbers 5948 “Union” and 5949 “Regency” 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.

Both these 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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