CLA-2-58:OT:RR:NC:N3:352
Mr. Richard Ness
Greatex Mills, Inc.
1625 Chabanel St. West, Suite 201
Montreal, Québec, Canada H4N 2S7
RE: The tariff classification of a polyester woven chenille upholstery fabric from China
Dear Mr. Ness:
In your letter dated July 13, 2015, you requested a tariff classification ruling. A sample of the fabric accompanied your request.
The fabric sample, identified as Pattern Carlo, is a woven fabric laminated to a knit backing fabric. Although the specifications sheet subsequently provided does not indicate the presence of chenille yarns, visual examination of the sample reveals that the face fabric is a jacquard-weave fabric with chenille yarns visible on one side of the fabric only. The specifications sheet indicates that this fabric is composed of staple and filament polyester fibers, 80% polyester and 20% nylon, and weighs 400 g/m2. Your letter indicates that the fabric will be imported in rolls 145 centimeters in width and will be used for upholstery.
The applicable subheading for Pattern Carlo will be 5801.36.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: of man-made fibers: chenille fabrics, with chenille yarns on one side only. 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 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