NY M82611 - The tariff classification of a rayon/polyester blend woven chenille upholstery fabric and four polyester/polypropylene blend jacquard woven mattress ticking fabrics from China and Belgium. - United States International Trade Commision Rulings

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NY M82611

April 24, 2006

CLA-2-58:RR:NC:TA:352 M82611

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0010; 5407.73.2060; 5407.73.2015

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

RE: The tariff classification of a rayon/polyester blend woven chenille upholstery fabric and four polyester/polypropylene blend jacquard woven mattress ticking fabrics from China and Belgium.

Dear Mr. Harris:

In your letter dated April 13, 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 “Vogue”, is a woven chenille fabric composed of 54% rayon and 46% polyester. It is characterized by a dense fibrous surface on one side of the fabric created by the insertion of chenille yarns in the filling during the weaving process. Weighing 694 g/m2, this product will be imported in 149 centimeter widths. Your correspondence indicates that this fabric which will be used as an upholstery fabric is produced in China.

Style “Malpensa” is a jacquard woven fabric composed of 70% filament polyester and 30% filament polypropylene. It is characterized by an elaborate woven design featuring a stylized floral motif. The fabric contains 40.6 single yarns per centimeter in the warp and 16 single yarns per centimeter in the filling. Manufactured from yarns of different colors, this product weighs 275.9 g/m2 and will be imported in 215 to 220 centimeter widths. This item has been coated with an application of acrylic plastic to help stabilize it, however the coating is not visible to the naked eye. Your correspondence indicates that this item has been produced in Belgium and will be used as mattress ticking.

Style “Phoenix Royal” is a jacquard woven fabric composed of 50% filament polyester and 50% filament polypropylene. It is characterized by an elaborate woven design featuring a stylized floral motif set among a complex field of geometric shapes. The fabric contains 45.7 single yarns per centimeter in the warp and 18 single yarns per centimeter in the filling. Manufactured from yarns of different colors, this product weighs 185 g/m2 and will be imported in 215 to 220 centimeter widths. This item has been coated with an application of acrylic plastic to help stabilize it, however the coating is not visible to the naked eye. Your correspondence indicates that this item has been produced in Belgium and will be used as mattress ticking.

Style “Common Cents” is a jacquard woven fabric composed of 55% filament polyester and 45% filament polypropylene. It is characterized by an elaborate woven design featuring a stylized floral motif. The fabric contains 30.5 single yarns per centimeter in the warp and 12 single yarns per centimeter in the filling. Manufactured from yarns of different colors, this product weighs 142.8 g/m2 and will be imported in 215 to 220 centimeter widths. This item has been coated with an application of acrylic plastic to help stabilize it, however the coating is not visible to the naked eye. Your correspondence indicates that this item has been produced in Belgium and will be used as mattress ticking.

Style “Soft Cents” is a bonded fabric consisting of a woven face fabric laminated to a 100% polyester nonwoven backing fabric. The face fabric is jacquard woven product composed of 55% filament polyester and 45% filament polypropylene. It contains 25.4 single yarns per centimeter in the warp and 10 single yarns per centimeter in the filling. Manufactured from yarns of different colors, the face fabric weighs 117 g/m2 and features a stylized floral motif. The 100% polyester nonwoven backing fabric weighs 15 g/m2. Weighing approximately 135 g/m2, the bonded fabric will be imported in 215 to 230 centimeter widths. This product has been coated with an application of acrylic plastic, however the plastic coating is not visible to the naked eye. Your correspondence indicates that this item has been produced in Belgium and will be used as mattress ticking. Based on the relative weight, value and function of the fabrics that form this product, it is the jacquard woven face fabric which imparts this composite good with its essential character.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903, HTS, applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color;

(2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39)

(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);

(4) Fabrics partially coated or partially covered with plastic and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60);

Since the plastic coatings on the fabrics designated as styles “Malpensa”, “Phoenix Royal”, “Common Cents” and “Soft Cents” are not visible to the naked eye except for a change of color, these fabrics are not considered coated fabrics either for the purposes of classification in heading 5903, HTS, as coated fabrics of textile nor as plastic products of chapter 39.

The applicable subheading for the woven chenille fabric designated as style “Vogue” 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 jacquard woven fabrics designated as styles “Malpensa” and “Phoenix Royal” will be 5407.73.2060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of synthetic filaments, of yarns of different colors, other, weighing more than 170 g/m2. The duty rate will be 8.5 percent ad valorem.

The applicable subheading for the fabrics designated as styles “Common Cents” and “Soft Centsl” will be 5407.73.2015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of synthetic filaments, of yarns of different colors, other, weighing not more than 170 g/m2. The duty rate will be 8.5 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/.

Style “Vogue” falls within textile category designation 224. Styles “Malpensa”, ‘Phoenix Royal”, “Common Cents” and “Soft Cents” fall within textile category designation 620. At the present time these five fabrics 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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