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NY J88932




October 3, 2003

CLA-2-58:RR:NC:TA:352 J88932

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020

Mr. Joseph Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of two man-made fiber woven chenille fabrics from China.

Dear Mr. Hoffacker:

In your letter dated September 26, 2003, on behalf of your client Covington Industries, you requested a classification ruling. The samples are being returned as requested.

Two samples of woven upholstery fabric accompanied your request for a ruling. The first, designated as style “Davenport”, is a jacquard woven chenille fabric composed of 100% polyester. It is constructed using 150 denier filament polyester yarns in the warp and a combination of 150 denier filament polyester yarns and polyester chenille yarns in the filling. Weighing 450 g/m2, this product will be imported in 138 centimeter widths. One surface of the fabric has been coated with an acrylic plastic. Your correspondence indicates that this item will be used as an upholstery fabric. Style “Bergamo” is a jacquard woven chenille fabric composed of 55% viscose rayon, 30% polyester and 15% cotton. It is constructed using 150 denier filament polyester yarns in the warp and a combination of 10/1 c.c. cotton yarns and viscose rayon chenille yarns in the filling. Weighing 465 g/m2, this product will be imported in 140 centimeter widths. One surface of the fabric has been coated with an acrylic plastic. Your letter indicates that this item will be used as an upholstery fabric.

Your correspondence suggests that it is your belief that this item is classifiable in chapter 59 as a fabric coated with plastic. Note 1 to chapter 59 defines the term “textile fabric” for the purposes of chapter 59. This Note does not include either the pile fabrics or the chenille fabrics of Chapter 58 as eligible for being considered a “textile fabric” for the purposes of chapter 59. Consequently a fabric of heading 5801, Harmonized Tariff Schedules of the United States (HTS) that has been coated with plastics would be excluded from heading 5903, HTS, by Note 1 to chapter 59.

The applicable subheading for the two woven chenille upholstery 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 10.8 percent ad valorem.

Both these 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Sincerely,

Robert B. Swierupski
Director,

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