The tariff classification of two woven man-made fabrics from China

N240412 April 18, 2013 CLA-2-54:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5407.61.9925; 5801.36.0020 Mr. Brett Ian Harris Pisani & Roll LLP 1629 K Street NW, Suite 300 Washington, DC 20006 RE: The tariff classification of two woven man-made fabrics from China Dear Mr. Harris: In your letter dated April 3, 2013, on behalf of your client, Global Textile Alliance, Inc., you requested a tariff classification ruling. Two samples were provided. According to your initial correspondence and subsequent contact, Style Leona is a bonded fabric consisting of a dyed, 100% non-textured polyester filament woven face fabric laminated to a polyester woven backing fabric. The surface is characterized by a pattern of wavy pleats. The adhesive that bonds these fabrics together is not visible in the cross section. Your correspondence states that the overall weight is 135 g/m2, and that the fabric will be imported in 142 centimeter widths and will be used for upholstery. According to the information provided, Style Calla is a woven chenille fabric said to be composed of 92% polyester and 8% nylon. It is characterized by a textured fibrous surface created by an additional weft of chenille yarn introduced into the fabric during the weaving process, with the chenille yarn visible on both sides of the fabric. Your correspondence states that the fabric weighs 320 g/m2, will be imported in 140 centimeter widths and will be used for upholstery. The applicable subheading for Style Leona will be 5407.61.9925, 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, containing 85 percent or more by weight of non-textured polyester filaments: other: other: dyed: weighing not more than 170 g/m2: flat fabrics. The rate of duty will be 14.9% ad valorem. The applicable subheading for Style Calla will be 5801.36.0020, 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. 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, Thomas J. Russo Director National Commodity Specialist Division