The tariff classification of two jacquard woven polyester chenille fabrics from China

N111935 July 9, 2010 CLA-2-58:OT:RR:NC:TA:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Ms. Kathy Lo American Decorative Fabrics 295 5th Ave., Suite 812 New York, NY 10016 RE: The tariff classification of two jacquard woven polyester chenille fabrics from China Dear Ms. Lo: In your letter dated June 18, 2010, you requested a tariff classification ruling for four fabrics. The first submitted sample is identified as style Charlize. It is a jacquard woven chenille fabric, constructed with yarns of different colors, and characterized by a dense fibrous surface created by the introduction of chenille yarns in the filling. According to the specification sheet provided, the fabric is composed of 100% polyester and contains 70 single yarns per centimeter in the warp and 35.4 single yarns per centimeter in the filling, weighing 376 g/m2. Your correspondence indicates that this fabric will be imported in 54 inch widths and will be used for furniture upholstery. The second sample is identified as style Special Frisco. It is a jacquard woven chenille fabric constructed with yarns of different colors, and characterized by a dense fibrous surface created by the introduction of chenille yarns in the filling. According to the specification sheet provided, the fabric is composed of 100% polyester and contains 35 single yarns per centimeter in the warp and 18.9 single yarns per centimeter in the filling, weighing 334 g/m2. Your correspondence indicates that this fabric will be imported in 54 inch widths and will be used for furniture upholstery. The applicable subheading for fabric styles Charlize and Special Frisco will be 5801.36.0020, 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, other. The rate of duty will be 9.8%. A classification ruling regarding the fabrics identified as Supersuede and Leather Airs cannot be issued at this time. These items were sent to the Customs Laboratory for analysis. A separate ruling, NY N107815, will be issued at a later date. 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