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NY D81031

August 6, 1998

CLA-2-58:RR:NC:TA:351 D81031


TARIFF NO.: 5801.35.0010

Mr. Angel J. Pipitone

John F. Kilroy Co., Inc.

J.F.K. International Airport

Bldg. 80, Suite 227

Jamaica, NY 11430-1718

RE: The tariff classification of warp pile woven velvet fabric from Italy.

Dear Mr. Pipitone:

In your letter dated July 31, 1998, you requested a classification ruling on behalf of Vellutex srl.

The fabric is described as a 50% wool, 50% rayon woven velvet pile fabric. Technical specifications attached to your request state that the pile of the fabric is a 50/50 wool/rayon blend.

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. It is assumed that the fiber content of the pile as supplied by you is correct.

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

The fabric is classifiable in Heading 5801. It is made from a combination of textile materials. Subheading Note 2 to Section XI, HTSUSA, provides, in pertinent part:

(A) Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials.

(B) For the application of this rule:

(a) Where appropriate, only the part which determines the classification under general interpretative rule 3 shall be taken into account.

Note 2(A), Section XI, to which Subheading Note 2(A) refers, provides:

Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other textile material. When no one textile material predominates by weight, the goods are to be classified as if consisting wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration.

As this fabric is stated to be a 50/50 blend, no one textile material predominates by weight. Applying the above notes, the fabric will be classified as if it consisted wholly of man-made fibers. Please note that even a slight change in the fiber content may result in a change of classification, as well as visa and quota status. The fabric may be subject to U.S. Customs' laboratory analysis at the time of import and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

The applicable subheading for the fabrics 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 18.6 percent ad valorem.

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 Camille Ferraro at 212-



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