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NY M81590





May 31, 2006

CLA-2-58:RR:NC:TA:352 M81590

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020; 5516.23.0090; 6001.92.0030

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

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

Dear Mr. Harris:

In your letter dated February 22, 2006, on behalf of your client Global Textile Alliance, Inc., you requested a classification ruling.

Three samples of fabric accompanied your request for a ruling. Laboratory analysis of the first, designated as style “Tribute”, indicates that it is a jacquard woven chenille fabric composed of 79.1% rayon and 20.9% polyester. It is characterized by an intricate woven floral motif featuring a dense fibrous surface created by the insertion of chenille yarns in the filling during the weaving process. This product is constructed using yarns of different colors. Weighing 603.5 g/m2, this fabric will be imported in 142 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

Laboratory analysis of style “Fox Trot” indicates that it is a jacquard woven fabric of yarns of different colors and is composed of 73.2% staple rayon and 26.8% filament polyester. It is characterized by a complex woven design featuring a stylized floral motif. It contains 65.7 warp ends per centimeter and 53.7 filling picks per centimeter. Weighing 458.8 g/m2, this product will be imported in 150 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

Laboratory analysis of style “Angel” indicates that it is a bonded fabric consisting of a knit face fabric laminated by means of a cellular plastic middle layer to a brushed knit backing fabric. Composed wholly of polyester, the face fabric is a dyed warp knit fabric of cut pile construction. It weighs 235.3 g/m2and contains 20 knit stitches per centimeter in the vertical direction. The middle layer, which is visible to the naked eye in cross section is composed of cellular polyurethane plastic. It weighs 42.2 g/m2. The backing fabric is a brushed weft knit fabric. Weighing 128.8 g/m2, this fabric supports and adds bulk to the face fabric. The combined weight of the bonded fabric including the face fabric, the backing fabric and the cellular polyurethane plastic middle layer is 396.2 g/m2.

Note 1 to chapter 60 states in part:

This chapter does not cover:

Knitted or crocheted fabric, impregnated, coated, covered or laminated, of chapter 59. However, knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001.

Since the product designated as style “Angel” is a laminated fabric and incorporates a knit pile fabric, Note 1(c) to chapter 60 specifically includes it within the scope of heading 6001, HTS.

The applicable subheading for the woven chenille upholstery fabric designated as style “Tribute” 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 duty rate will be 9.8 percent ad valorem.

The applicable subheading for the jacquard woven upholstery fabric designated as style “Fox Trot” will be 5516.23.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, of yarns of different colors, other. The duty rate will be 8.5 percent ad valorem.

The applicable subheading for the bonded upholstery fabric designated as style “Angel” will be 6001.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, other, of man-made fibers, other, velour. The duty rate will be 17.2 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/.

Styles ”Tribute” and “Angel” fall within textile category designation 224 while style “Fox Trot” falls within textile category designation 629. At the present time goods which fall within these textile category designations are not subject to either quota restraints or visa requirements. 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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