The tariff classification of a polyester/flax woven chenille upholstery fabric from China Correction to Ruling Number N271407.

N271793 January 11, 2016 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Mr. Brett Ian Harris Pisani & Roll LLP 1629 K Street NW, Suite 300 Washington, DC 20006 RE: The tariff classification of a polyester/flax woven chenille upholstery fabric from China Correction to Ruling Number N271407. Dear Mr. Harris: This replaces Ruling Number N271407, dated December 18, 2015, which involved a clerical error in the Harmonized Tariff Number. A complete corrected ruling follows. In your letter dated November 25, 2015, you requested a tariff classification ruling on behalf of Global Textile Alliance, Inc. Two samples were submitted with your request. Style Hampshire is a woven fabric of yarns of different colors, characterized by its rustic appearance and a textured fibrous surface created by an additional weft of chenille yarns introduced into the fabric during the weaving process, with the chenille yarns visible on both sides of the fabric. A thin latex coating has been applied to the back of the fabric to facilitate cutting. 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. According to your submission, this woven chenille fabric is composed of 95% polyester and 5% linen (flax). Your correspondence states that the fabric weighs 185 g/m2, will be imported in 140-centimeter widths and will be used for upholstery. The applicable subheading for Style Hampshire 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. Your inquiry does not provide enough information for us to give a classification ruling on the bonded woven fabric Style DePalma. Please provide the following information: The classification and duty rate for this bonded woven fabric are dependent upon the classification of the face fabric, which you state is composed of both textured and non-textured polyester filament yarns. Please provide factory specification sheets for Style DePalma specifying the exact fiber content, including the percentage of textured vs. non-textured filament yarns. In addition, please include fabric construction, weight in grams per square meter, indicate whether the fabric is coated or non-coated, dyed a single uniform color, composed of yarns of different colors, etc. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 maribeth.dunajski @cbp.dhs.gov. Sincerely, Deborah C. Marinucci Director (Acting) National Commodity Specialist Division