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NY N007235





February 27, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0010; 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 three man-made fiber blend woven chenille upholstery fabrics from China.

Dear Ms. Schaeffer:

In your letter dated February 16, 2007, on behalf of your client H.M. Richards, Inc., you requested a classification ruling. The samples are being returned as requested.

Three samples of woven fabric accompanied your request for a ruling. The first, designated as style 4515-86 “Desando Thistle”, is a woven chenille fabric composed of 70% viscose rayon and 30% polyester. It is characterized by a dense fibrous surface created by the insertion of chenille yarns in the filling during the weaving process. Constructed with yarns of different colors, it features an intricate interlacing pattern that creates a diamond pattern on the fabric’s face. Weighing 330 g/m2, this fabric will be imported in 140 centimeter widths. The back of the fabric has been coated with acrylic plastic which functions to stiffen and stabilize the fabric. Your correspondence indicates that this product will be used as an upholstery fabric.

Style 5590-09 “Marvelous” is a woven chenille fabric composed of 74% viscose rayon and 26% polyester. It is characterized by a dense fibrous surface on discrete sections of the fabric forming a design created by the insertion of chenille yarns in the filling during the weaving process. Constructed with yarns of different colors, it features an intricate interlacing pattern that creates a swirling pattern of irregular shapes on the fabric’s face. Weighing 492 g/m2, this fabric will be imported in 140 centimeter widths. The back of the fabric has been coated with styrene butadiene latex which functions to stiffen and stabilize the fabric. Your correspondence indicates that this product will be used as an upholstery fabric. Style 5955-86 “Evitalane Bluestone” is a woven chenille fabric composed of 44% polyester, 36% cotton and 20% rayon. It is characterized by dense fibrous pile on certain portions of the surface created by the insertion of chenille yarns in the filling during the weaving process. Constructed with yarns of different colors, it features an intricate interlacing pattern that creates a striped pattern on the fabric’s face. Weighing 455.4 g/m2, this fabric will be imported in 137 centimeter widths. The back of the fabric has been coated with acrylic plastic which functions to stiffen and stabilize the fabric. 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 fabrics before us for consideration are classifiable as woven chenille fabrics of heading 5801 if not coated, Note 1 to chapter 59 excludes these fabrics when coated with plastic or rubber from classification under the provision for textile fabrics impregnated, coated, covered or laminated with plastics or rubber in headings 5903 or 5906, HTS.

The applicable subheading for the woven chenille fabrics designated as styles 4515-86 “Desando Thistle” and 5590-09 “Marvelous” 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.

The applicable subheading for the woven chenille fabric designated as style 5955-86 “Evitalane Bluestone” 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/.

All three fabrics fall within textile category 224. At the present time goods that are produced in China and 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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