CLA-2-58:S:N:N6:351 895696
Mr. Vito A. Pipitone
John F. Kilroy Co., Inc.
One World Trade Center, Suite 1569
New York, NY 10048
RE: The tariff classification of chenille upholstery fabric from Italy.
Dear Mr. Pipitone:
In your letter dated March 15, 1994, on behalf of Decorators Walk, you requested a tariff classification ruling.
You have submitted a sample swatch of upholstery fabric identified as style name "Rosita." The heavy fabric is of Jacquard woven construction; and it is made of 61% cotton yarns/39% acrylic chenille yarns, which are visible on the face side only. Chenille yarns are novelty yarns which have soft fibers protruding from their surface to produce a pile-like effect when used in decorative fabrics. We assume that the fabric will be imported in continuous lengths.
The applicable subheading for the upholstery fabric will be 5801.26.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806; of cotton; chenille fabrics; with chenille yarns on one side only. The rate of duty will be 12.6 percent ad valorem.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
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A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport