CLA-2-59:OT:RR:NC:N3:350
Mr. Robert Uyesato
SST International
10415 S. La Cienega Blvd.
P.O. Box 45347
Los Angeles, CA 90045
RE: The tariff classification of two woven fabrics for use in home furnishing, from Australia
Dear Mr. Uyesato:
In your letter dated December 10, 2013, on behalf of Wilson Fabrics, you requested a tariff classification ruling.
The first item, style Moma-Blockout, consists of a jacquard woven fabric that is composed of 100 percent polyester man-made fibers. The posterior surface of this material has been visibly coated with a milky white substance consisting of titanium dioxide and calcium carbonate fillers suspended in an acrylic binder. This is considered to be a plastics material. You write that the material will be imported as roll goods having widths of 286 centimeters and weighs 375 grams per square meter.
The second item, style style Moma 7002 Translucent, consists of a jacquard woven fabric that is composed of 100 percent textured polyester filament yarns of different colors. You write that the material will be imported as roll goods having widths of 286 centimeters and weighs 165 grams per square meter.
The applicable subheading for the first item, style Moma-Blockout, which does not appear to be over 70 percent by weight of plastics, will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: other: of man-made fibers, other: other. The duty rate is 7.5 percent ad valorem.
The applicable subheading for the second item, style Moma 7002 Translucent, will be 5407.53.2020, 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 textured polyester filaments: of yarns of different colors, other, weighing not more than 170 grams per square meter: flat fabrics. The duty rate is 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 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).
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.
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 Deborah Walsh at (646) 733-3044.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division