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NY M85774




August 15, 2006

CLA-2-58:RR:NC:TA:352 M85774

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Mr. Daimon Ponthieux
Blumenthal Print Works, Inc.
905 South Broad Avenue
P.O. Box 13395
New Orleans, Louisiana 70185-3395

RE: The tariff classification of a acrylic/polyester/cotton blend woven chenille upholstery fabric from China.

Dear Mr. Ponthieux:

In your letter dated August 01, 2006 you requested a classification ruling.

The submitted sample, designated as style “Westmarch Wine” 84092, is a jacquard woven chenille fabric composed of and 39.6% filament polyester, 34.8% staple acrylic and 22.7% cotton. It is characterized by a alternating stripes of dense fibrous pile creating by the insertion of chenille yarns in the filling and flat woven stripes. Weighing 373 g/m2, this fabric will be imported in 137 centimeter widths. The back side of the fabric has been coated with an application of acrylic plastic to stiffen and stabilize the fabric. The plastic coating is visible to the naked eye. Your correspondence indicates that this product 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 fabric before us for consideration is classifiable as a woven chenille fabric of heading 5801 if not coated, Note 1 to chapter 59 excludes this fabric 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 woven chenille fabric designated as style “Westmarch Wine” 84092 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/.

This fabric falls within textile category designation 224. At the present time goods produced in China that fall within 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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