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NY N016672

November 26, 2007



TARIFF NO.: 5801.26.0020

Mr. Michael Pipitone
John F. Kilroy Co., Inc.
1 Cross Island Plaza, Suite 203E
Rosedale, NY 11422

RE: The tariff classification of a cotton/polyester blend woven chenille fabric from Slovenia.

Dear Mr. Pipitone:

In your letter dated September 4, 2007, on behalf of your client Richloom Fabrics, you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “Tanager”, indicates that it is a woven chenille fabric composed of 56.1% cotton and 43.9% polyester. It contains approximately 77 single yarns per centimeter in the warp and 25 single yarns per centimeter in the filling. The fabric is characterized by a complex dobby weave featuring a series of geometric shapes including diamonds, squares and hexagons. Inserted into the filling during the weaving process are a number of chenille yarns that accent the geometric designs and add textural interest to the fabric’s surface. Weighing 242.8 g/m2, this product will be imported in 140 centimeter widths.

The applicable subheading for the woven chenille fabric designated as style “Tanager” will be 5801.26.0020, 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 cotton, chenille fabrics, other. The duty rate will be free.

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 224. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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