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NY M82101





April 18, 2006

CLA-2-58:RR:NC:TA:352 M82101

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.36.0020; 6006.31.0040

Mr. Brett Ian Harris
1200G Street, NW, Suite 800
Washington, DC 20005

RE: The tariff classification of a polyester/rayon blend woven chenille upholstery fabric and a polyester weft knit mattress ticking fabric of double knit construction from China and Belgium respectively.

Dear Mr. Harris:

In your letter dated March 31, 2006, on behalf of your client Global Textile Alliance, Inc., you requested a classification ruling.

Two samples of fabric accompanied your request for a ruling. The first, designated as style “Camelot”, is a woven chenille fabric composed of 52% polyester and 48% rayon. It is constructed using yarns of different colors and features chenille yarns in the filling which imparts the fabric with a fibrous textured appearance. Weighing 423 g/m2, this product will be imported in 145 centimeter widths. Your correspondence indicates that this Chinese produced fabric has been designed and will be marketed as an upholstery fabric.

Style “DK Lindi” is an unbleached or bleached weft knit fabric of double knit construction. It is composed of 67% filament polyester and 33% staple polyester. Weighing 290 g/m2, this fabric will be imported in 230 centimeter widths. Your correspondence indicates that this Belgium manufactured product will be used as mattress ticking.

The applicable subheading for the woven chenille fabric designated as style “Camelot” will be 5801.36.0020, Harmonized Tariff Schedule of the United States (HTSUS), 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 applicable subheading for the weft knit fabric designated as style “DK Lindi” will be 6006.31.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other knitted or crocheted fabrics, of synthetic fibers, unbleached or bleached, of double knit or interlock construction, of polyester. The duty rate will be 10 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The woven chenille fabric designated as style “Camelot” falls within textile category designation 224. At the present time this product is not subject to either quota restraints or visa requirements. 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.

Sincerely,

Robert B. Swierupski
Director,

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