The tariff classification of polyester staple and filament jacquard woven fabric from China

N131637 April 14, 2011 CLA-2-55:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5515.12.0090 Mr. Michael Pipitone John F. Kilroy Co., Inc. 1 Cross Island Plaza, Suite 203E Rosedale, NY 11422 RE: The tariff classification of polyester staple and filament jacquard woven fabric from China Dear Mr. Pipitone: In your letter dated November 2, 2010, on behalf of Carnegie Fabrics, you requested a tariff classification ruling. The submitted sample, identified as style #4387 Circa, is a jacquard woven fabric constructed of yarns of different colors. Stated composition of this fabric was 50% filament and 50% staple polyester yarns. However, CBP laboratory analysis indicates that it is composed of 72.4% 1-ply polyester staple yarns and 27.6% 1-ply textured polyester filament yarns, and weighs 283 g/m2. This fabric will be imported in 182 centimeter widths. The applicable subheading for the style #4387 Circa will be 5515.12.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other woven fabrics of synthetic staple fibers: of polyester staple fibers: mixed mainly or solely with man-made filaments, other. The rate of duty will be 12% 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 Maribeth Dunajski at (646) 733-3045. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division