The tariff classification of jacquard-woven polyester upholstery fabric from China

N279420 October 14, 2016 CLA-2-54:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5407.69.4060 Ms. Amy Miller Flexsteel Industries, Inc. 385 Bell Street Dubuque, IA 52001 RE: The tariff classification of jacquard-woven polyester upholstery fabric from China Dear Ms. Miller: In your letter dated September 6, 2016, you requested a tariff classification ruling. A sample swatch was submitted. Flexsteel Pattern 390 (M10125/T11383) is a jacquard-woven fabric of yarns of different colors. According to the information provided and visual examination, this fabric is composed of 85% polyester filament yarns and 15% staple yarns, and weighs 488 g/m2. Your letter states that a coating has been applied to the reverse side. However, the coating is not visible to the naked eye. You indicate that this fabric will be imported in 59-inch widths and will be used for upholstery. The applicable subheading for Pattern 390 (M10125/T11383) will be 5407.69.4060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: other woven fabrics, containing 85 percent or more by weight of polyester filaments: of yarns of different colors: other: weighing more than 170 g/m2. The rate of duty will be 12 percent 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 via email at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division