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NY K84928

April 5, 2004
CLA-2-58:RR:NC:TA:352 K84928


TARIFF NO.: 5801.36.0020

Mr. Jose Fleischer
Richard G. Fleischer CHB
930 W. Hyde Park Blvd.
Inglewood, CA 90045

RE: The tariff classification of three rayon/polyester/cotton blend jacquard woven chenille fabrics from China.

Dear Mr. Fleischer:

In your letter dated March 22, 2004, on behalf of your client Shatto Fabrics Corporation, you requested a classification ruling.

Three samples of jacquard woven chenille fabrics accompanied your request for a ruling. All three products are jacquard woven and are said to be composed of 31% filament polyester, 48% rayon and 21% cotton. The three fabrics are characterized by the presence of rayon chenille yarns. Constructed using yarns of different colors, the fabrics are characterized by elaborate woven designs featuring stylized floral motifs. Weighing 480 g/m2, these items will be imported in 143 centimeter widths.

The applicable subheading for the three jacquard woven 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 9.8 percent ad valorem.

The three 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.


Robert B. Swierupski

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