CLA-2-58:RR:NC:TA:352 I80493
Mr. Bob Glover
L.E. Coppersmith Inc.
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245
RE: The tariff classification of four woven chenille and woven jacquard upholstery fabrics from China.
Dear Mr. Glover:
In your letter dated April 5, 2002, on behalf of your client Morgan Fabrics Corporation, you requested a classification ruling. The samples submitted with your correspondence are being returned as requested.
Four samples of woven fabrics accompanied your request for a ruling. The first, designated as style Basket Weave, is a woven chenille fabric composed of 100% cotton laminated to a weft knit 100% cotton backing fabric. The face fabric contains 5.1 warp ends per centimeter and 5.1 filling picks per centimeter. It is characterized by having been woven with additional chenille yarns in both the warp and the filling which have been interlaced to create a textured design. It is constructed using yarns of different colors. The backing fabric is a bleached jersey knit of very light weight and has been laminated to the face fabric with a plastic adhesive which is not visible in cross section. Weighing 533 g/m2, this product will be imported in 150 centimeter widths. The essential character of this item is imparted by the woven chenille face fabric. Your letter indicates that this fabric will be used in the upholstery industry.
Style Westwood is a woven chenille fabric composed of 36%polyester, 44.2% cotton and 19.8% rayon. It contains 64 warp ends per centimeter and 11 filling picks per centimeter. Weighing 338.5 g/m2, this product will be imported in 148 centimeter widths. It is characterized by having been woven with additional chenille yarns in the filling which have been interlaced to create a textured surface accenting the cords produced by the balance of the weave. This item has been manufactured with yarns of different colors. Your letter indicates that this fabric will be used in the upholstery industry.
Style Provence Café is a jacquard woven fabric composed of 51% cotton and 49% polyester. It contains 68.6 warp ends per centimeter and 21 filling picks per centimeter. Weighing 389 g/m2, this product will be imported in 140 centimeter widths. It is characterized by having been woven with a floral motif. It is constructed using yarns of different colors. Your letter indicates that this fabric will be used in the upholstery industry.
Style Diagonal Square is a jacquard woven fabric composed of 38.4% polyester, 36.6% acrylic and 25% cotton. It contains 68.6 warp ends per centimeter and 22 filling picks per centimeter. Weighing 361.6 g/m2, this product will be imported in 140 centimeter widths. It is characterized by having been woven with a complex woven geometric design and has been manufactured with yarns of different colors. Your letter indicates that this fabric will be used in the upholstery industry.
The applicable subheading for the woven chenille fabric designated as style Basket Weave will be 5801.26.0020, 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, other. The duty rate will be 2.5 percent ad valorem.
The applicable subheading for the woven chenille fabric designated as style Westwood will be 5801.36.0020, 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 man-made fibers, chenille fabrics, other. The duty rate will be 11.7 percent ad valorem.
The applicable subheading for the jacquard woven fabric designated as style Provence Café will be 5211.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing 200 g/m2, of yarns of different colors, other fabrics, jacquard woven. The duty rate will be 8.4 percent ad valorem.
The two woven chenille fabrics designated as styles Basket Weave and Westwood fall within textile category designation 224. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The jacquard woven fabric designated as style Provence Cafe falls within textile category designation 220. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
You have not provided sufficient information for us to provide a ruling on style Diagonal Square. Please provide the fiber content of this fabric treating filament and staple fibers of the same generic fiber as separate materials. For example: 24% filament polyester 14.4% staple polyester, 30% staple acrylic, 6.6% filament acrylic and 25% cotton. In addition, the data sheet you provided gives a different fiber content for the fabric when compared to the fiber content for the yarns which form the fabric. There is an obvious error in one or the other sets of data elements. Please rectify this discrepancy. After obtaining the additional information you may resubmit the ruling request. Please include the sample and all other data that was previously submitted.
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