The tariff classification of a woven chenille upholstery fabric

N263231 April 20, 2015 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Amy L. Miller Flexsteel Industries, Inc. 385 Bell Street Dubuque, IA 52001 RE: The tariff classification of a woven chenille upholstery fabric Dear Ms. Miller: In your letter dated March 20, 2015, you requested a tariff classification ruling on behalf of Flexsteel Industries, Inc. One sample was submitted with your request. Pattern #011 Provenance is a jacquard weave fabric of yarns of different colors, characterized by a shaggy effect imparted by the color, texture and placement of the yarns. According to the information provided and visual examination, this fabric is woven using chenille yarns, visible on both sides of the fabric. Your letter states that an acrylic coating has been applied to the reverse side. However, as per Note 1 to Chapter 59, Harmonized Tariff Schedule of the United States (HTSUS), chenille fabrics cannot be considered a coated fabric of that chapter. The specifications sheet provided indicates that this fabric is composed of 55% polyester and 45% polypropylene/olefin, and weighs 525 g/m2. Your correspondence indicates that the fabric will be imported in widths of 54 inches and will be used for upholstery. The applicable subheading for Pattern #011 Provenance 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. 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 [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division