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NY I85862

September 12, 2002

CLA-2-58:RR:NC:TA:352 I85862


TARIFF NO.: 5801.36.0020

Mr. John Chiu
Paul Chiu Company, Inc.
267 Fifth Avenue
New York, NY 10016

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

Dear Chiu:

In your letter dated September 4, 2002 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style HC034 “Acrylic Chenille Tapestry”, is a jacquard woven chenille fabric constructed with yarns of different colors. It is composed of 44% acrylic, 33% polyester and 23% cotton with the chenille yarns composed of acrylic fiber. This product is characterized by an intricate jacquard woven geometric design. Weighing approximately 357 g/m2, this fabric will be imported in 146 centimeter widths.

Style HC034 “Acrylic Body Cloth” is a dyed woven chenille fabric characterized by a textured fibrous surface created by the chenille yarns. It is composed of 61% acrylic, 26% polyester and 13% polypropylene with the chenille yarns composed wholly of acrylic fiber. Weighing approximately 221 g/m2, this fabric will be imported in 146 centimeter widths. This product has been coated on one side with plastic to stabilize and stiffen the fabric.

The applicable subheading for the both chenille fabrics 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 11.7 percent ad valorem.

Both chenille fabrics fall 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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.


Robert B. Swierupski

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