The tariff classification of polyester woven chenille upholstery fabric from China

N276938 August 2, 2016 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0010 Ms. Evelyn Kim Pacific Crest Trading Group Leslie Jee Textiles 16168 Beach Blvd. Suite 262 Huntington Beach, CA 92647 RE: The tariff classification of polyester woven chenille upholstery fabric from China Dear Ms. Kim: In your letter dated June 7, 2016, you requested a tariff classification ruling. Two sample swatches were submitted. Style Agra, colors Spice and Juniper, are jacquard woven fabrics characterized by a pattern of stripes in different widths, containing chenille yarns as a textured feature. The chenille yarns are visible on one side of the fabric only. According to the information provided, this fabric is composed of 100% polyester and weighs 346 g/m2. Your letter states that the reverse side has been sprayed with an acrylic backing, which is not visible to the naked eye. In addition, as per Note 1 to Chapter 59, chenille fabric cannot be considered a coated fabric of that chapter. You indicate that this fabric will be imported in 57-inch widths and will be used for upholstery. The applicable subheading for Pattern Agra, colors Spice and Juniper, will be 5801.36.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: of man-made fibers: chenille fabrics, with chenille yarns on one side only. 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 https://hts.usitc.gov/current. 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 [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division