The tariff classification of a 100% polyester woven chenille fabric from China

N246764 October 31, 2013 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Mr. David Sitton Cargo Logistics Network Company 1825-C Cross Beam Drive Charlotte, NC 28217 RE: The tariff classification of a 100% polyester woven chenille fabric from China Dear Mr. Sitton: In your letter dated October 4, 2013, on behalf of your client, Crypton Fabric, Inc., you requested a tariff classification ruling. The sample is identified as Style Vela B. According to your submission, as well as visual examination of the sample provided, this fabric is woven of textured filament and chenille yarns. The chenille yarns are visible on both sides of the fabric. The fabric is characterized by a soft rustic appearance, produced by the introduction an additional weft of chenille yarn. The specifications sheet indicates that this fabric is composed of 100% polyester and weighs 320 g/m2. Your letter indicates that the fabric will be imported in rolls of 142 centimeters in width, and will be used primarily for upholstery. The applicable subheading for Style Vela B 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 assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs. 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, Gwenn K. Kirschner Acting Director National Commodity Specialist Division