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NY N018115

October 10, 2007



TARIFF NO.: 5801.36.0020

Ms. Ellen M. Dano
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

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

Dear Ms. Dano:

In your letter dated October 02, 2007, on behalf of your client H.M. Richards, Inc., you requested a classification ruling. The sample you submitted is being returned as requested.

The submitted sample, designated as style 7009-89 “Mahalo Chocolate”, is a jacquard woven chenille fabric composed of 40% polyester, 30% rayon and 30% cotton. Constructed with yarns of different colors, this product is characterized by an elaborate woven design featuring a floral motif. During the weaving process chenille yarns have been inserted in the filling creating a fabric with a textured fibrous surface with the chenille yarns accenting the floral design. Weighing 478 g/m2, this item will be imported in 139 centimeter widths. Your correspondence indicates that this fabric will be marketed as an upholstery fabric.

The applicable subheading for the woven chenille upholstery fabric designated as style 7009-89 “Mahalo Chocolate” 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 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. At the present time goods that fall within textile category 224 that are produced in China are not subject to quota restraints or visa requirements, 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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