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NY N003384




December 6, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Ms. Pamela Escarre
Marisol International
1255-A Lynnfield Road, Suite 257
Memphis, TN 38119

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

Dear Ms. Escarre:

In your letter dated November 13, 2006, on behalf of your client Westlake USA, Inc., you requested a classification ruling.

The submitted sample, designated as style CYD002B “Mystic”, is a woven chenille fabric composed of 57.2% polyester and 42.8% rayon. It is characterized by a plush fibrous pile surface created by the insertion of chenille yarns in filling during the weaving process. Weighing approximately 450 g/m2, this product will be imported in 142 centimeter widths. The back of the fabric has been coated with an acrylic styrene butadiene copolymer 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 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. Furthermore, even if the copolymer that coats this fabric meets the definition of synthetic rubber, note 1 to chapter 59 also excludes this fabric from classification as a rubberized textile fabric of heading 5906, HTSUS.

The applicable subheading for the woven chenille fabric designated as style CYD002B “Mystic” will be 5801.36.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven pile fabrics and chenille fabric, 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 224. At the present time goods produced in China that 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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