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NY L86022

July 1, 2005

CLA-2-58:RR:NC:TA:352 L86022


TARIFF NO.: 5801.36.0010

Mr. Steven V. Haber
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: The tariff classification of a polyester/acrylic blend chenille woven fabric from China.

Dear Mr. Haber:

In your letter dated June 24, 2005, on behalf of your client H.M. Richards, Inc., you requested a classification ruling. The sample is being returned as requested.

The submitted sample, designated as style number 4180-90, is a dyed woven chenille fabric composed of 76% polyester and 24% acrylic. It is characterized by prominent ridges every 5 millimeters in the filling direction formed by chenille yarns inserted during the weaving process. In addition, the complex weave features a woven stripe every 5 millimeters in the warp direction formed by floating several consecutive warp yarns over several filling picks. The combination of the chenille yarns in the filling direction and the woven stripe in the warp direction creates a subtle checkerboard appearance on one side of the fabric. Weighing approximately 284 g/m2, this product will be imported in 147 centimeters widths.

The applicable subheading for the woven chenille fabric will be 5801.36.0010, 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, with chenille yarns on one side only. The duty rate will be 9.8 percent ad valorem.

This fabric falls within textile category designation 224. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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