The tariff classification of jacquard-woven chenille fabric from China

N268031 September 8, 2015 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Ms. Sandra Horan Rogers & Brown Custom Brokers, Inc. 2 Cumberland Street P.O. Box 20160 Charleston, SC 29413 RE: The tariff classification of jacquard-woven chenille fabric from China Dear Ms. Horan: In your letter dated August 14, 2015 (amended September 3, 2015), you requested a tariff classification ruling on behalf of your client, Swavelle/Mill Creek Fabrics, Inc. A sample was provided. Style Cabbage Rose-Latex CABBAGR is a jacquard-woven fabric of yarns of different colors, characterized by the color and texture of the chenille yarns, which are visible on both sides. According to the information provided, this fabric is composed of 55% acrylic chenille and 45% polyester and weighs 590 g/m2. Your letter states that a styrene-butadiene rubber (SBR) backing has been applied to reverse side of this fabric for stability. However, as per Note 1 to Chapter 59, Harmonized Tariff Schedule of the United States (HTSUS), this fabric cannot be considered a coated fabric of that chapter. You indicate that this fabric will be imported in 145-centimeter widths and will be used in the home furnishings and apparel industry. The applicable subheading for Style Cabbage Rose-Latex CABBAGR 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 via email at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division