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NY L89743




January 20, 2006

CLA-2-58:RR:NC:TA:352 L89743

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Ms. Janet S. Bonacci
World Wise Consulting Inc.
7850 NW 80th Street, Suite 2
Medley, FL 33166

RE: The tariff classification of a polyester/polypropylene/cotton blend woven chenille fabric from Brazil.

Dear Bonacci:

In your letter dated December, 30, 2006, on behalf of your client Ameritex Home Products Corporation, you requested a tariff classification ruling.

The submitted sample, designated as style “Mandalay”, is a woven chenille fabric composed of 68% polyester, 19% polypropylene and 13% cotton. Constructed with yarns of different colors, this product is characterized by a fibrous surface created by the insertion of chenille yarns in the filling. Weighing approximately 348 g/m2, this item will be imported in145 centimeter widths. The back of the fabric has been coated with an application of plastic to stiffen and stabilize the fabric. You have indicated that this fabric will be marketed as an upholstery fabric.

Although this product has been coated with plastic, it cannot be classified as a textile fabric impregnated, coated, covered or laminated with plastics in heading 5903, HTSUS. 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 and crocheted fabrics of headings 6002 6006.

Since the fabric before us for consideration is a woven chenille fabric which when not impregnated, covered, coated or laminated with plastic is provided for under the provision for chenille woven fabrics in heading 5801, HTSUS, it would be excluded from classification in chapter 59 by operation of Note 1 to chapter 59.

The applicable subheading for the woven chenille fabric designated as style “Mandalay” will be 5801.36.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven pile fabrics and chenille fabrics, other than the fabrics of heading 5802 or 5806, of man-made fibers, chenille fabrics, other. The rate of duty will be 9.8 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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