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NY M83398




May 12, 2006

CLA-2-58:RR:NC:TA:352 M83398

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Ms. Liza V. Schaeffer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: The tariff classification of three man-made fiber/cotton blend woven chenille upholstery fabrics from China.

Dear Ms. Schaeffer:

In your letter dated May 3, 2006, on behalf of your client H.M. Richards, Inc., you requested a classification ruling. The samples are being returned as requested.

Three samples of woven upholstery fabric accompanied your request for a ruling. The first, designated as style 4106-86 “Ramble Sage”, is a jacquard woven chenille fabric composed of 72% rayon and 28% polyester. It is characterized by a dense fibrous surface created by the insertion of chenille yarns in the filling. This product, constructed using yarns of different colors, weighs approximately 452 g/m2 and will be imported in 138 centimeter widths. The fabric has been coated on one side with an application of plastic which helps to stiffen and stabilize the fabric. Your correspondence indicates that this item will be used as an upholstery fabric.

Style 4107-86 “Sundown Sunset”, is a jacquard woven chenille fabric composed of 44% rayon, 32% cotton and 24% polyester. It is characterized by a woven in floral motif and features a dense fibrous surface pattern created by the insertion of chenille yarns in the filling. This product, constructed using yarns of different colors, weighs approximately 548 g/m2 and will be imported in 138 centimeter widths. The fabric has been coated on one side with an application of plastic which helps to stiffen and stabilize the fabric. Your correspondence indicates that this item will be used as an upholstery fabric.

Style 4108-86 “Bezel Sunset”, is a jacquard woven chenille fabric composed of 44% rayon, 32% cotton and 24% polyester. It is characterized by an intricate woven design and features a dense fibrous surface created by the insertion of chenille yarns in the filling. This product, constructed using yarns of different colors, weighs approximately 548 g/m2 and will be imported in 138 centimeter widths. The fabric has been coated on one side with an application of plastic which helps to stiffen and stabilize the fabric. Your correspondence indicates that this item will be used as an upholstery fabric.

Note 1 to chapter 59 sets forth the meaning of “textile fabrics” for the purposes of chapter 59. It 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 to 6006.

Since the fabrics before us for consideration are classifiable as woven chenille fabrics of heading 5801 if not coated, note 1 to chapter 59 excludes those fabrics when coated with plastic from classification under the provision for textile fabrics impregnated, coated, covered or laminated with plastics in subheading 5903, HTS.

The applicable subheading for the three woven chenille fabrics 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 three chenille woven fabrics fall within textile category designation 224. At the present time goods produced in China that fall in this textile category designation 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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