CLA-2-60:OT:RR:NC:N3:352
Mr. Richard Ness
Greatex Mills, Inc.
1625 Chabanel St. West, Room 201
Montreal, Quebec Canada H4N 2S7
RE: The tariff classification of a bonded polyester fabric consisting of a woven face fabric laminated to knit looped pile backing fabric, from China.
Dear Mr. Ness:
In your letter dated May 30, 2013, you requested a tariff classification ruling.
The submitted sample, identified as Pattern Lavinia, is a bonded fabric consisting of a woven face fabric laminated to a knit backing fabric. The adhesive that bonds these fabrics together is not visible in the cross section. The face fabric is characterized by a soft textured surface finished to create a reptilian pattern. Customs and Border Protection (CBP) laboratory analysis indicates that the brushed face fabric is composed wholly of polyester, weighs 125.0 g/m2, and is of 6-harness satin weave construction. The backing fabric is composed wholly of polyester, weighs 174.0 g/m2, and is of weft knit extended sinker loop brushed pile construction. The bonded fabric weighs 303.5 g/m2. According to your submission, this fabric will be imported in widths of approximately 142 centimeters and will be used for upholstery.
Note 1 to Chapter 60, Harmonized Tariff Schedule of the United States (HTSUS), states in part that this chapter does not cover:
(c) Knitted or crocheted fabrics, impregnated, coated, covered or laminated, of Chapter 59. However, knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001.
Since the laminated fabric before us for consideration incorporates a knit pile fabric, note 1(c) to Chapter 60 specifically includes it within the scope of heading 6001, HTS.
The applicable subheading for the fabric Pattern Lavinia will be 6001.22.0000, HTSUS, which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted: looped pile fabrics: of man-made fibers. The rate of duty will be 17.2% 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 Maribeth Dunajski at (646) 733-3045.
Sincerely,
Myles B. Harmon
Acting Director
National Commodity Specialist Division