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NY M85772

August 14, 2006

CLA-2-58:RR:NC:TA:352 M85772


TARIFF NO.: 5801.36.0020

Mr. Daimon Ponthieux
Blumenthal Print Works, Inc.
905 South Broad Avenue
P.O. Box 13395
New Orleans, Louisiana 70185-3395

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

Dear Mr. Ponthieux:

In your letter dated August 01, 2006 you requested a classification ruling.

The submitted sample, designated as style “Crystal Paprika” 63057, is a woven chenille fabric composed of 48% staple rayon, 38.3% filament polyester and 13.7% staple acrylic. It is characterized by a woven in design featuring an elongated diamond shape accented by fibrous points at each corner of the diamond created by the insertion of chenille yarns in the filling. Weighing 292 g/m2, this fabric will be imported in 137 centimeter widths. Your correspondence indicates that this product will be used as an upholstery fabric.

The applicable subheading for the woven chenille fabric designated as style “Crystal Paprika” 63057 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.

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/.

This fabric falls within textile category designation 224. At the present time goods produced in China that fall within textile category designation 224 are 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.


Robert B. Swierupski

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