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NY N003761




December 7, 2006

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

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 a rayon/polyester blend woven chenille upholstery fabric from China.

Dear Mr. Harris:

In your letter dated November 22, 2006, on behalf of your client Global Textile Alliance, Inc., you requested a classification ruling.

The submitted sample, designated as style “Ripple”, is a woven chenille fabric composed of 54% rayon and 46% polyester. It is characterized by a dense fibrous surface created by inserting chenille yarns in the filling during the weaving process. This fabric features a complex interlacing pattern that creates a undulating effect on the fabric surface. Weighing 400 g/m2, this product will be imported in 148 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

The applicable subheading for the woven chenille fabric designated as style “Ripple” 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/.

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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