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NY L83569





March 25, 2005

CLA-2-58:RR:NC:TA:352 L83569

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0010; 5801.36.0020; 5801.32.0000

Mr. Brett Ian Harris
McKenna, Long & Aldridge LLP
1900 K Street N.W.
Washington, D.C. 20006

RE: The tariff classification of corduroy and chenille woven fabrics from China.

Dear Mr. Harris:

In your letter dated March 21, 2005, 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 “Galileo”, is a dyed woven chenille fabric composed of 100% polyester. It is characterized by a soft fibrous surface created by the insertion of chenille yarns in the filling. Weighing 440 g/m2, this product will be imported in 143 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

Style “Rolex” is a woven chenille fabric composed of 100% polyester. It features chenille yarns in both the warp and filling producing a textured fibrous surface on both sides of the fabric. This product has been coated on one side with plastic to both stiffen and stabilize the fabric, however the plastic coating is not visible to the naked eye. Weighing approximately 550 g/m2, this fabric will be imported in 148 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

Style “Venus” is a woven chenille fabric composed of 56% rayon, 28% polyester and 16% cotton. This product features chenille yarns in the filling which create a textured fibrous surface on the fabric face. Weighing approximately 482 g/m2, this item will be imported in 143 centimeter widths. Your correspondence indicates that this style will be used as an upholstery fabric.

Style “Diva” is a cut corduroy fabric with a ground fabric composed of 100% polyester. Additional weft yarns composed of 75% polyester and 25% nylon create a cut pile that is configured in wales of various heights that run down the length of the fabric. Weighing 350 g/m2, this fabric will be imported in 150 centimeter widths. Your correspondence indicates that this product will be used as an upholstery fabric.

The applicable subheading for the two woven chenille fabrics designated as styles “Galileo” and “Venus” will be 5801.36.0010, Harmonized Tariff Schedule of the United States (HTS), 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.

The applicable subheading for the woven chenille fabric designated as style “Rolex” will be 5801.36.0020, Harmonized Tariff Schedule of the United States (HTS), 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.

The applicable subheading for the woven corduroy fabric designated as style “Diva” will be 5801.32.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, cut corduroy. The duty rate will be 14 percent ad valorem.

All four fabrics designated as styles “Galileo”, “Rolex”, “Diva” and “Venus” fall within textile category designation 224. 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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