The tariff classification of five woven polyester chenille fabrics from China

N171416 July 6, 2011 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0010; 5801.36.0020 Mr. Brett Ian Harris Pisani & Roll LLP 1629 K Street NW, Suite 300 Washington, DC 20006 RE: The tariff classification of five woven polyester chenille fabrics from China Dear Mr. Harris: In your letter dated June 13, 2011, on behalf of your client, Global Textile Alliance, Inc., you requested a tariff classification ruling. Your correspondence indicates that all five fabrics will be used for upholstery. A thin coating has been applied to the back of styles Jillian, Naomi, Eternity and Vincent to facilitate cutting. Style Jillian is a woven chenille fabric said to be composed of 100% polyester. It is characterized by a textured fibrous surface created by the introduction of chenille yarns into the filling during the weaving process. The fabric weighs 415 g/m2 and will be imported in 153 centimeter widths. Style Naomi is a woven chenille fabric said to be composed of 57% polyester and 43% acrylic. It is characterized by a textured fibrous surface created by the introduction of chenille yarns into the filling during the weaving process. The fabric weighs 500 g/m2 and will be imported in 142 centimeter widths. Style Eternity is a woven chenille fabric said to be composed of 100% polyester. It is characterized by a textured fibrous surface created by the introduction of chenille yarns into the warp during the weaving of the ground fabric. The fabric weighs 320 g/m2 and will be imported in 142 centimeter widths. Style Le Freak is a woven chenille fabric said to be composed of 100% polyester. It is characterized by a textured fibrous surface created by the introduction of chenille yarns into the warp during the weaving of the ground fabric. The fabric weighs 380 g/m2 and will be imported in 142 centimeter widths. Style Vincent is a woven chenille fabric said to be composed of 59% polyester and 41% viscose rayon. It is characterized by a textured fibrous surface created by the introduction of chenille yarns into the filling during the weaving process. The fabric weighs 360 g/m2 and will be imported in 150 centimeter widths. The applicable subheading for styles Jillian, Naomi, Eternity and Vincent 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% ad valorem. The applicable subheading for style Le Freak will be 5801.36.0010, HTSUS, which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: of man-made fibers: chenille fabrics, with chenille yarns on one side only. The rate of duty will be 9.8% 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