CLA-2-54:OT:RR:NC:N3:352
Marc A. Romano
Apogee Customs & Trade Consulting, Inc.
23 Vernon Drive
Cheektowaga, NY 14225
RE: The tariff classification of a polyester jacquard-woven window blind fabric from China
Dear Mr. Romano:
In your letter dated August 30, 2015, you requested a tariff classification ruling on behalf of your client, Louver-Lite (Canada) Limited. An assortment of window shade blind sample swatches, in pastel colors, accompanied your request.
The fabric referred to as Trade Name Papillon is a bonded fabric consisting of a fabric woven of yarns of different shades of the same color, laminated to a woven backing fabric. Your correspondence states that an ethylene vinyl acetate multi-layer film adhesive binds these fabrics together. However, it is not visible in cross section. The face fabric is characterized by its intricate pattern of butterflies outlined by the jacquard weave. According to your submission, information previously provided and visual examination of the samples, this fabric is composed wholly of non-textured filament polyester yarns. The bleached backing fabric is composed of 70% polyester and 30% cotton. Your submission states that the face fabric, woven on a Rapier Loom, weighs 124 g/m2, with a total laminated weight of 300 g/m2, and that this fabric will be imported in widths of 240 centimeters.
The applicable subheading for the fabric Trade Name Papillon will be 5407.61.9945, 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: containing 85 percent or more by weight of non-textured polyester filaments: other, other, of yarns of different colors, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 14.9% 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 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,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division