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NY C82645




January 5, 1998

CLA-2-58:RR:NC:TA:351 C82645

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.35.0010; 5801.35.0020

Mr. Philip Kwok
Baltrans USA Inc.
700 Rockaway Turnpike
Lawrence, NY 11559

RE: The tariff classification of warp pile woven velvet fabric with a burnt or cut out design, from China.

Dear Mr. Kwok:

In your letter dated December 10, 1997, on behalf of formal Fabrics, Ltd., New York, NY, you requested a classification ruling.

Three representative samples were submitted which were identified as styles 94014-3, 94014-4 and 94014-S. All three materials are warp pile woven velvet fabrics that have a floral pattern created by burning or cutting out portions of the pile surface with the ground remaining in the exposed areas. There is additional printing or dyeing which has created a color shading effect. While your letter did not indicate the weight of the material, except to say 82% viscose rayon/18% silk, you did provide the following information:

Fiber content of warp and weft: 100% silk Velvet pile: 100% viscose rayon man-made fibers

Classification of pile fabrics is predicated upon the fiber content of the pile yarns, solely, with no account being taken of the composition of the ground fabric.

The applicable subheading for the material, if over 271 grams per square meter, will be 5801.35.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven warp pile fabrics, over 271 grams per square meter. The duty rate is 18.8 percent ad valorem. Effective January 1, 1998, the duty rate will be 18.6 percent ad valorem.

If not over 271 grams per square meter, classification would fall in subheading 5801.35.0020, HTS, with duty of 18.8 percent ad valorem. Effective January 1, 1998, the rate of duty will be 18.6 percent ad valorem.

This merchandise falls within textile category designation 224. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 George Barth at 212-466-5884.

Sincerely,

Robert B. Swierupski
Director,

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