The tariff classification of a jacquard woven chenille upholstery fabric and a 100% polyester nonwoven fabric from China.

NY M83728 May 31, 2006 CLA-2-58:RR:NC:TA:352 M83728 CATEGORY: Classification TARIFF NO.: 5801.36.0010; 5603.93.0090 Mr. Brett Ian Harris 1200 G Street, NW. Suite 800 Washington, DC 20005 RE: The tariff classification of a jacquard woven chenille upholstery fabric and a 100% polyester nonwoven fabric from China. Dear Mr. Harris: In your letter dated May 17, 2006, on behalf of your client Global Textile Alliance, Inc. you requested a classification ruling. Two samples of fabric accompanied your request for a ruling. The first, designated as style “Fandango”, is a jacquard woven chenille fabric composed of 85% polyester and 15% cotton. It is characterized by a complex weave featuring geometric shapes. Chenille yarns have been inserted in the filling during the weaving process creating a fibrous surface and accenting the geometric shapes formed by the weave. This product, which has been constructed using yarns of different colors, weighs 366 g/m2 and will be imported in 145 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric. Style “Dalton” is a nonwoven fabric composed of 100% staple polyester. Weighing 132 g/m2, this product will be imported in 203 centimeter widths. The applicable subheading for the woven chenille fabric designated as style “Fandango” 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. The applicable subheading for the nonwoven fabric designated as style “Dalton” will be 5603.93.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, other, weighing more than 70 g/m2 but not more than 150 g/m2, 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/. Style “Fandango” falls within textile category designation 224 while style “Dalton” falls in textile category designation 223. At the present time neither of these textile category designations are 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