The tariff classification of two polyester/nylon woven cut weft pile fabrics, from China

N241074 August 5, 2013 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.33.0000 Mr. Ameet Shah Culp, Inc. P.O. Box 2686 1823 Eastchester Drive High Point, NC 27265 RE: The tariff classification of two polyester/nylon woven cut weft pile fabrics, from China Dear Mr. Shah: In your letter dated April 12, 2013, you requested a tariff classification ruling. Two fabric samples were included with your submission. Style La Paz B/T is a woven fabric, characterized by a dense fuzzy surface of pile yarns of varying lengths. The specification sheet provided indicates that the fabric has been coated; however, the coating is not visible to the naked eye. Customs and Border Protection (CBP) laboratory analysis indicates that this fabric is composed of 92% polyester and 8% nylon, is of cut weft pile construction and weighs 347.3 g/m2. Your correspondence states that this fabric will be imported in 56-inch widths and will be used for upholstery. Style Hideaway T/K is a woven fabric laminated to a knit backing fabric. The adhesive that bonds these fabrics together is not visible in cross section. The face fabric is characterized by soft surface bearing a herringbone pattern. CBP laboratory analysis indicates that the face fabric, composed of 92.9% polyester and 7.1% nylon, is of woven cut weft pile construction, and weighs 236.9 g/m2. The backing fabric, composed wholly of polyester, is of weft knit construction and weighs 63.7 g/m2. Your correspondence states that this fabric will be imported in 56-inch widths and will be used for upholstery. Note 1 to Chapter 59, Harmonized Tariff Schedule of the United States (HTSUS), sets forth the meaning of "textile fabrics" for the purposes of Chapter 59. It states: Except where the context otherwise requires, for the purposes of this chapter the expression "textile fabrics" applies only to the woven fabrics of chapters 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted or crocheted fabrics of headings 6002 to 6006. Since the woven fabrics before us for consideration are classifiable as woven pile fabrics of heading 5801 if not coated or laminated, Note 1 to Chapter 59 excludes these fabrics from classification as a laminated fabric of Chapter 59. Consequently, these fabrics remain classifiable in heading 5801. The applicable subheading for styles La Paz B/T and Hideaway T/K will be 5801.33. 0000, HTSUS, which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: of man-made fibers, other weft pile fabrics. 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, Deborah C. Marinucci Acting Director National Commodity Specialist Division