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NY M80432




February 28, 2006

CLA-2-58:RR:NC:TA:352 M80432

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0010: 5801.36.0020

Mr. Brett Ian Harris
1200 G Street, NW, Suite 800
Washington, DC 20005

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

Dear Mr. Harris:

In your letter dated February 14, 2006, on behalf of your client Global Textile Alliance, Inc., you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. The first, designated as style “Luscious”, is a woven chenille fabric composed of 70% rayon and 30% polyester. It is characterized by a dense fibrous surface on the fabric face created by the introduction of chenille yarns in the filling. Weighing 350 g/m2, this product will be imported in 138 centimeter widths. Your correspondence indicates that this fabric will be marketed as an upholstery fabric.

Style “Just Rob” is a woven chenille fabric composed of 72% rayon and 28% polyester. It is characterized by a dense fibrous surface created by the introduction of chenille yarns in the filling. The fabric back has been coated with plastic which functions to stabilize and stiffen the fabric. Weighing 300 g/m2, this product will be imported in 138 centimeter widths. Your correspondence indicates that this fabric will be marketed as an upholstery fabric.

Style “Mambo” is a woven chenille fabric composed of 60% rayon and 40% polyester. It is characterized by a dense fibrous bumpy textured surface on the fabric face created by the introduction of chenille yarns in the filling. Weighing 410 g/m2, this product will be imported in 138 centimeter widths. Your correspondence indicates that this fabric will be marketed as an upholstery fabric.

Style “Victoria” is a jacquard woven chenille fabric composed of 45% rayon and 55% polyester. It is characterized by a dense fibrous surface with a intricate woven design created by the introduction of chenille yarns in the filling. Weighing 420 g/m2, this product will be imported in 138 centimeter widths. Your correspondence indicates that this fabric will be marketed as an upholstery fabric.

Style “LuLu” is a woven chenille fabric composed of 100% polyester. It is characterized by a dense fibrous textured surface on both sides of the fabric created by the introduction of chenille yarns in the filling. Weighing 660 g/m2, this product will be imported in 145 centimeter widths. Your correspondence indicates that this fabric will be marketed as an upholstery fabric.

The applicable subheading for the two woven chenille fabrics designated as styles “Luscious” and “Mambo” will be 5801.36.0010, Harmonized Tariff Schedule of the United States (HTSUS), 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 three woven chenille fabrics designated as styles “Just Rob”, “Victoria” and “LuLu” will be 5801.36.0020, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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/.

All five woven chenille upholstery 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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