CLA-2-54:OT:RR:NC:N3:352
Ms. Amy Miller
Flexsteel Industries, Inc.
385 Bell Street
Dubuque, IA 52001
RE: The tariff classification of a bonded upholstery fabric consisting of a printed woven polyester face fabric bonded to a knit backing fabric, from China
Dear Ms. Miller:
In your letter dated February 5, 2016, you requested a tariff classification ruling. A sample was provided.
Pattern 090 Spectrum is a bonded fabric consisting of a woven face fabric laminated to a knit backing fabric. The face fabric is characterized by a geometric print. The adhesive that bonds these fabrics together is not visible in cross section. According to the information provided, the printed woven face fabric is composed wholly of textured polyester filament yarns and weighs 225 g/m2. The warp knit backing fabric is composed wholly of polyester unbleached yarns and weighs 80 g/m2. Based on the relative weights, use, quantity and design of the face fabric and the backing fabric, we have determined that it is the face fabric which imparts this product with its essential character. Your specification sheets state that this fabric will be imported in widths of 56 inches and will be used for upholstery.
The applicable subheading for Pattern 090 Spectrum will be 5407.54.0060, 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% or more by weight of textured polyester filaments: printed, weighing more than 170 g/m2. The rate of duty 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,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division