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NY N026739




May 5, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0010; 5801.36.0020

Mr. Brett Ian Harris
1200 G Street, NW, Suite 800
Washington, DC 20005

RE: The tariff classification of five woven chenille upholstery fabrics from China.

Dear Mr. Harris:

In your letter dated April 22, 2008, on behalf of your client Global Textile Alliance, Inc., you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. The first, designated as style “Gloria”, is a woven chenille fabric composed of 47% viscose rayon and 53% polyester. It is characterized by a complex weave and a textured fibrous surface in part created by the introduction of chenille yarns into the filling during the weaving process. It features an intricate arrangement of geometric shapes, primarily circles of varying sizes, which are produced by the variation of interlacing patterns that bring yarns of various sizes and textures to the fabric’s surface. The fabric has been coated with an application of plastic on the back to stiffen and stabilize it. This coating is not visible to the naked eye. Weighing 500 g/m2, this product will be imported in 150 centimeter widths. Your correspondence indicates that this item will be marketed as an upholstery fabric.

Style “B52” is a woven chenille fabric composed of 75% viscose rayon and 25% polyester. It is characterized by a complex weave and a textured fibrous surface created by the introduction of chenille yarns into the filling during the weaving process. It features an intricate pattern of wavy lines that is produced by the variation of interlacing patterns that bring yarns of various sizes and textures to the fabric’s surface. The fabric has been coated on the back with an application of plastic to stiffen and stabilize it. This coating is not visible to the naked eye. Weighing 500 g/m2, this product will be imported in 135 centimeter widths. Your correspondence indicates that this item will be marketed as an upholstery fabric.

Style “Elton” is a woven chenille fabric composed of 100% polyester. It is characterized by a complex weave and a textured fibrous surface in part created by the introduction of chenille yarns into the filling during the weaving process. It features a ribbed surface which is produced by the variation of interlacing patterns that bring yarns of various sizes and textures to the fabric’s surface. The fabric has been coated with an application of plastic on the back surface to stiffen and stabilize it. This coating is not visible to the naked eye. Weighing 400 g/m2, this product will be imported in 145 centimeter widths. Your correspondence indicates that this item will be marketed as an upholstery fabric.

Style “Fire& Rain” is a woven chenille fabric composed of 70% viscose rayon and 30% polyester. It is characterized by a complex weave and a textured fibrous surface in part created by the introduction of chenille yarns into the filling during the weaving process. It features multicolored appearance which is produced by the variation of interlacing patterns that bring yarns of various sizes and textures to the fabric’s surface. Weighing 400 g/m2, this product will be imported in 145 centimeter widths. Your correspondence indicates that this item will be marketed as an upholstery fabric.

Style “Sweet Dreams” is a woven chenille fabric composed of 53% polyester and 47% viscose rayon. It is characterized by a complex weave and a textured fibrous surface in part created by the introduction of chenille yarns into the filling during the weaving process. It features an intricate jacquard weave with a stylized floral motif that is produced by the variation of interlacing patterns that bring yarns of various sizes and textures to the fabric’s surface. The back of this fabric has been coated with an application of plastic to stiffen and stabilize it. The coating is not visible to the naked eye. Weighing 500 g/m2, this product will be imported in 150 centimeter widths. Your correspondence indicates that this item will be marketed 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 five woven chenille fabrics, designated as styles “Gloria”, “B52”. “Elton”, “Fire & Rain” and “Sweet Dreams”, 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 from classification under the provision for textile fabrics impregnated, coated, covered or laminated with plastics in subheading 5903, HTS.

The applicable subheading for the three woven chenille fabric designated as styles “Gloria”, “Fire & Rain” and “Sweet Dreams” 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 two woven chenille fabric designated as styles “B52” and “Elton” 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 five woven chenille fabrics fall within textile category 224. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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