The tariff classification of jacquard woven 65% filament polyester/35% staple polyester upholstery fabric from China.

N064503 June 26, 2009 CLA-2-54:OT:RR:NC:TA:352 CATEGORY: Classification TARIFF NO.: 5407.93.2090 Ms. Monica Gomez Blumenthal Print Works, Inc. 905 South Broad Avenue New Orleans, LA 70125 RE: The tariff classification of jacquard woven 65% filament polyester/35% staple polyester upholstery fabric from China. Dear Ms. Gomez: In your letter dated June 3, 2009, you requested a tariff classification ruling. The submitted sample is identified as pattern JD64 Palm Leaves (Sussex). It is a jacquard woven fabric composed of 65% filament polyester and 35% staple polyester. It is composed of yarns of different colors. It contains 64.6 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. This merchandise weighs 208 g/m2 and will be imported in 57 inch widths. Your correspondence indicates that this fabric will be used as upholstery. The applicable subheading for this fabric will be 5407.93.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, of yarns of different colors, other, other, other, other. The rate of duty will be 12%. 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 Maribeth Dunajski at (646) 733-3045. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division