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NY L87316

September 13, 2005

CLA-2-58:RR:NC:TA:352 L87316


TARIFF NO.: 5801.36.0020

Mr. Gary Frenchman
Sunvim Hometextiles (USA) Inc.
21 West 39th Street, Suite 2A
New York, NY 10018

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

Dear Mr. Frenchman:

In your letter dated September 8, 2005 you requested a classification ruling.

The submitted sample is a dyed woven chenille fabric composed of 72% rayon and 28% polyester. It contains 59 warp ends per centimeter and 15 filling picks per centimeter. It is characterized by a chevron woven design accented by the presence of chenille yarns in the filling which create a fibrous textured surface. Weighing 390 g/m2, this product will be imported in 119 centimeter widths. Your correspondence indicates that this fabric will be used in the manufacture of window panels.

Your letter suggests that it is your belief that this product is classifiable as a woven fabric of artificial staple fiber in subheading 5516.22.0090, HTS. However, classification under this subheading is precluded by the application of Note 8 to Section XI. Note 8 states in part:

For the purposes of chapters 50 to 60

Chapters 50 to 55 and 60 do not apply to goods of chapters 56 to 59.

Since the fabric before us for consideration is a woven chenille fabric prima facie classifiable in heading 5801, HTS, it is excluded from classification in chapter 55 by operation of Note 8 to Section XI.

In addition, the Explanatory Notes, which have been ruled to be the official interpretation of the Harmonized Code on the international level, state in the General Explanatory Notes to Section XI part (c) that:

The woven fabrics of chapters 50 to 55 are products obtained by interlacing textile yarns, (whether of the kinds classified in chapters 50 to 55 or those regarded as twine, cordage, etc. of heading 5607), rovings, monofilaments,on warp and weft looms. Certain woven fabrics are, however, excluded for example:

Carpets and other floor coverings
Pile fabrics or chenille fabrics of heading 5801

It is therefore clear that if a woven fabric is also a chenille fabric, it is excluded from classification in chapters 50 to 55.

The applicable subheading for the woven chenille fabric 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.

This woven chenille 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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