CLA-2-58:OT:RR:NC:N3:352
Mr. Brett Ian Harris
Pisani & Roll LLP
1629 K Street NW, Suite 300
Washington, DC 20006
RE: The tariff classification of a bonded fabric consisting of a polyester/nylon woven cut weft pile fabric laminated to a non-woven fabric, from China
Dear Mr. Harris:
In your letter dated January 10, 2013, on behalf of Global Textile Alliance, Inc., you requested a tariff classification ruling.
The submitted sample, identified as style Telluride BK, is a bonded fabric consisting of a woven pile face fabric laminated to a non-woven backing fabric. The adhesive that bonds these fabrics together is not visible in cross section. The face fabric is characterized by an overall soft lustrous appearance imparted by the cut pile yarns. CBP laboratory analysis indicates that the face fabric is a woven fabric of cut weft pile construction composed of 94.9% polyester and 5.1% nylon weighing 286.1 g/m2 bonded to a non-woven backing fabric composed wholly of olefin fiber weighing 28.2 g/m2. The total weight of the bonded fabric is 314.6 g/m2. Your correspondence indicates that the fabric will be imported in widths of 143 to 148 centimeters, and will be used for upholstery.
In your letter you suggest that this fabric be classified as a cut corduroy fabric under subheading 5801.32.0000, Harmonized Tariff Schedules of the United States (HTSUS). However, classification under this subheading is precluded, as this fabric is not of corduroy construction.
The applicable subheading for style Telluride BK will be 5801.33.0000, HTSUS, which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: of man-made fibers, other weft pile fabrics. 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 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 (646) 733-3045.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division