The tariff classification of three jacquard woven chenille upholstery fabrics from China.

N028701 May 21, 2008 CLA-2-58:OT:RR:NC:TA:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Ms. Janine Johnson Marlowe & Co., Inc. P.O. Box 90459 Los Angeles, CA 90009 RE: The tariff classification of three jacquard woven chenille upholstery fabrics from China. Dear Ms. Johnson: In your letter dated May 14, 2008 on behalf of your client Ribenks Corporation, you requested a classification ruling. Three samples of woven fabric accompanied your request for a ruling. The first, designated as style “Roma”, is a jacquard woven chenille fabric composed of 51% polyester and 49% rayon. It is characterized by an elaborate woven design featuring a stylized floral motif and a fibrous textured surface in part created by the insertion of chenille yarns in the filling during the weaving process. Weighing approximately 375 g/m2, this product will be imported in 145 centimeter widths. The back surface of the fabric has been coated with styrene butadiene rubber to stiffen and stabile it. Your correspondence indicates that this item will be marketed as an upholstery fabric. Style “Gibraltar” is a jacquard woven chenille fabric composed of 45% polyester and 55% rayon. It is characterized by an elaborate woven design incorporating a stylized floral motif integrated with fleur di lis and non-floral elements. In addition, it features a fibrous textured surface in part created by the insertion of chenille yarns in the filling during the weaving process. Weighing approximately 460 g/m2, this product will be imported in 140 centimeter widths. The back surface of the fabric has been coated with styrene butadiene rubber to stiffen and stabile it. Your correspondence indicates that this item will be marketed as an upholstery fabric. Style “Paris” is a jacquard woven chenille fabric composed of 54% polyester and 46% rayon. It is characterized by an elaborate woven design featuring complex shapes and a fibrous textured surface in part created by the insertion of chenille yarns in the filling during the weaving process. Weighing approximately 393 g/m2, this product will be imported in 145 centimeter widths. The back surface of the fabric has been coated with styrene butadiene rubber to stiffen and stabile it. Your correspondence indicates that this item will be marketed 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 three woven chenille fabrics, designated as styles “Roma”, “Gibraltar” and “Paris”, 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 rubber from classification under the provision for rubberized textile fabrics in subheading 5906, HTS. The applicable subheading for the three woven chenille upholstery 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/. All three fabrics fall 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 produced in China that fall within textile category 224 are not subject to either 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division