The tariff classification of two rayon/polyester jacquard woven fabrics from China

N166415 June 10, 2011 CLA-2-55:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5516.23.0090 Ms. Ellen Dano Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor New York, NY 10022-4877 RE: The tariff classification of two rayon/polyester jacquard woven fabrics from China Dear Ms. Dano: In your letter dated May 11, 2011, on behalf of H.M. Richards, Inc., you requested a tariff classification ruling. The samples are being returned as requested, less portions retained for file purposes. Style No. 7286-86 (“Jenny Lake”) is a jacquard woven upholstery fabric of yarns of different colors. According to the information provided, this fabric is composed of approximately 70% staple rayon and 30% filament polyester. It contains 64 single yarns per centimeter in the warp and 39 single yarns per centimeter in the filling, and weighs 497 g/m2. This fabric will be imported in 1.5 meter widths and will be used for upholstery. Style No. 7492-82 (“Boom Box Confetti”) is a jacquard woven upholstery fabric composed of yarns of different colors. According to the information provided, this fabric is composed of 65% staple rayon and 35% filament polyester. It contains 64 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling, and weighs 441 g/m2. This fabric will be imported in 1.40 meter widths and will be used for upholstery. The applicable subheading for fabric styles Jenny Lake and Boom Box Confetti will be 5516.23.0090, HTSUS, which provides for woven fabrics of artificial staple fibers: containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments: of yarns of different colors, other. The rate of duty will be 8.5% 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