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

N044097 November 25, 2008 CLA-2-58:OT:RR:NC:TA:352 CATEGORY: Classification TARIFF NO.: 5801.36.0010 Ms. Pamela Berry Marisol International 871 Ridgeway Loop, Suite 203 Memphis, TN 38120 RE: The tariff classification of a rayon/polyester blend woven chenille upholstery fabric from China. Dear Ms. Berry: In your letter dated November 10, 2008, on behalf of your client Albany Industries, you requested a classification ruling. The submitted sample, designated as style 374, is a woven chenille fabric composed of 57% rayon and 43% polyester. It is characterized by a lush fibrous pile surface created by the insertion of chenille yarns in the filling during the weaving process. Weighing 400 g/m2, this fabric will be imported in 142 centimeter widths. The back of the fabric has been coated with an application of plastic to stiffen and stabilize it. The plastic coating is not visible to the naked eye. 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 woven chenille fabric, designated as style 374, is classifiable as a woven chenille fabric of heading 5801 if not coated with plastic, Note 1 to chapter 59 excludes this fabric 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 woven chenille fabric designated as style 374 will be 5801.36.0010, 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, with chenille yarns on one side only. 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 produced in China which 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