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NY M86946




October 4, 2006

CLA-2-58:RR:NC:TA:352 M86946

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

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

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

Dear Ms. Schaeffer:

In your letter dated September 29, 2006, on behalf of your client H.M. Richards, Inc., you requested a classification ruling. The submitted sample is being returned as requested.

The submitted sample, designated as style no. 5602-82 “Cedar Lake”, is a jacquard woven chenille fabric composed of 75% viscose rayon and 25% polyester. It is characterized by an intricate woven design and features chenille yarns inserted in the filling during the weaving process. The back of the fabric has been coated with an application of acrylic plastic which functions to stiffen and stabilize the fabric. Weighing 580 g/m2, this product will be imported in 137 centimeter widths. Your correspondence indicates that this fabric will be used as an upholstery fabric.

The applicable subheading for the woven chenille fabric designated as style no. 5602-82 “Cedar Lake” 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 woven chenille fabric falls within textile category 224. At the present time products produced in China, which fall within textile category 224, are not subject to either quota restraints or visa requirements. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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