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NY M84461




June 26, 2006

CLA-2-58:RR:NC:TA:352 M84461

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0010

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

RE: The tariff classification of four rayon/polyester woven chenille upholstery fabrics from China.

Dear Mr. Harris:

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

Four samples of woven fabric accompanied your request for a ruling. The first, designated as style “Dianne”, is a jacquard woven chenille fabric composed of 60% rayon and 40% polyester. It is characterized by an intricate woven design featuring a floral motif with a dense fibrous background surface created by the insertion of chenille yarns in the filling during the weaving process. It contains yarns of different colors. Weighing 410 g/m2, this product will be imported in 145 centimeter widths. The back side of the fabric has been coated with an application of plastic to stabilize and stiffen the fabric. Your correspondence indicates that this item will be used as an upholstery fabric.

Style “Good Vibrations” is a woven chenille fabric composed of 60% rayon and 40% polyester. It is characterized by a intricate geometric woven design accented by a fibrous pile surface created by the insertion of chenille yarns in the filling during the weaving process. It contains yarns of different colors. Weighing 372 g/m2, this product will be imported in 145 centimeter widths. The back side of the fabric has been coated with an application of plastic to stabilize and stiffen the fabric. Your correspondence indicates that this item will be used as an upholstery fabric.

Style “Rhonda” is a woven chenille fabric composed of 57% rayon and 43% polyester. It is characterized by a dense fibrous surface created by the insertion of chenille yarns in the filling during the weaving process. Weighing 400 g/m2, this product will be imported in 145 centimeter widths. The back side of the fabric has been coated with an application of plastic to stabilize and stiffen the fabric. Your correspondence indicates that this item will be used as an upholstery fabric.

Style “Surfer Girl” is a woven chenille fabric composed of 60% rayon and 40% polyester. It is characterized by a dense fibrous surface created by the insertion of chenille yarns in the filling during the weaving process and features undulating lines across the fabric’s width. Weighing 372 g/m2, this product will be imported in 145 centimeter widths. The back side of the fabric has been coated with an application of plastic to stabilize and stiffen 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 these 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 four woven chenille fabrics designated as styles “Dianne”, “Good Vibrations”, “Rhonda” and “Surfer Girl” 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.

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 four fabrics fall within textile category designation 224. At the present time goods produced in China that fall in textile category designation 224 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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