N028618 N0 Ruling Active

The tariff classification of an imitation leather upholstery fabric, from China.

Issued June 3, 2008 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3921.13.1910

Headings: 3921

Product description

The instant sample, identified as style “Sierra”, consists of three distinct layers: a face layer composed of cellular polyurethane plastic that has been dyed and embossed to simulate real leather, a middle layer consisting of a woven fabric composed of a 65% cotton/35% polyester man-made fiber blend and a backing which consists of leather scrap. This bottom portion imbues the material with the aroma of leather. The essential character of the item is imparted by the face side. You provided the following technical specifications for this material: Wt. of PU plastic: 230 g/m² (42%) Wt. of Fabric: 163 g/m² (30%) Wt. of Leather: 157g/m² (28%) Total Wt.: 550 g/m²

CBP rationale

The applicable subheading for the material will be 3921.13.1910 , Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plates, sheets, film, foil and strip, of plastics, cellular, … of polyurethanes, combined with textile materials, products with textile components in which vegetable fibers predominate by weight over any other single textile fiber.

Full text

N028618 June 3, 2008 CLA-2-39:OT:RR:NC:TA:350 CATEGORY: Classification TARIFF NO.: 3921.13.1910 Ms. Pam Berry Marisol International, LLC 871 Ridgeway Boulevard, Suite 203 Memphis, TN 38120 RE: The tariff classification of an imitation leather upholstery fabric, from China. Dear Ms. Berry: In your letter dated May 8, 2008, on behalf of National Fabrics, Tupelo, MS, you requested a tariff classification ruling. The instant sample, identified as style “Sierra”, consists of three distinct layers: a face layer composed of cellular polyurethane plastic that has been dyed and embossed to simulate real leather, a middle layer consisting of a woven fabric composed of a 65% cotton/35% polyester man-made fiber blend and a backing which consists of leather scrap. This bottom portion imbues the material with the aroma of leather. The essential character of the item is imparted by the face side. You provided the following technical specifications for this material: Wt. of PU plastic: 230 g/m² (42%) Wt. of Fabric: 163 g/m² (30%) Wt. of Leather: 157g/m² (28%) Total Wt.: 550 g/m² The applicable subheading for the material will be 3921.13.1910 , Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plates, sheets, film, foil and strip, of plastics, cellular, … of polyurethanes, combined with textile materials, products with textile components in which vegetable fibers predominate by weight over any other single textile fiber. The duty rate will be 5.3 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 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 Deborah Walsh at 646-733-3044. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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