CLA-2-58:RR:NC:TA:352 M83475
Ms. Liza V. Schaeffer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
399 Park Avenue, 25th Floor
New York, NY 10022-4877
RE: The tariff classification of two acrylic/polyester/ rayon blend woven chenille upholstery fabrics from China.
Dear Ms. Schaeffer:
In your letter dated May 10, 2006, on behalf of your client H. M. Richards Inc., you requested a classification ruling.
Two samples of woven fabric accompanied your request for a ruling. The first, designated as style 6955-80 “Arty Putty”, is a woven chenille fabric composed of 47.9% acrylic, 31.9% rayon and 20.2% polyester. It is characterized by an intricate weave and features a dense fibrous surface created by the insertion of chenille yarns in the filling during the weaving process. This product has been constructed using yarns of different colors. Weighing 456.66 g/m2, this fabric will be imported in 142 centimeter widths. The back surface of this item has been coated with an application of plastic to stiffen and stabilize the fabric. Your correspondence indicates that this product will be used as an upholstery fabric.
Style 7206-86 “Bray Seasons” is a woven chenille fabric composed of 57.2% acrylic, 21.3% rayon and 21.5% polyester. It is characterized by an intricate weave and features a complex woven geometric design accented by a fibrous surface created by the insertion of chenille yarns in the filling during the weaving process. This product has been constructed using yarns of different colors. Weighing 555 g/m2, this fabric will be imported in 144 centimeter widths. The back surface of this item has been coated with an application of plastic to stiffen and stabilize the fabric. Your correspondence indicates that this product will be used as an upholstery fabric.
Note 1 to chapter 59 sets forth the meaning of “textile fabrics” for the purposes of chapter 59. It states:
Except where the context otherwise requires, for the purposes of this chapter the expression “textile fabrics” applies only to the woven fabrics of chapters 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted and crocheted fabrics of headings 6002 to 6006.
Since the fabrics before us for consideration are classifiable as woven chenille fabrics of heading 5801 if not coated, Note 1 to chapter 59 excludes these fabrics when coated with plastic from classification under the provision for textile fabrics impregnated, coated, covered or laminated with plastics in subheading 5903, HTS.
The applicable subheading for the two woven chenille fabrics 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/.
Both woven chenille fabrics fall within textile category designation 224. At the present time goods produced in China that fall in this textile category designation 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
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division