The tariff classification of jacquard woven polyester chenille fabric from China.

N061131 June 17, 2009 CLA-2-58:OT:RR:NC:TA:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Ms. Monica Gomez Blumenthal Print Works, Inc. 905 South Broad Avenue New Orleans, LA 70125 RE: The tariff classification of jacquard woven polyester chenille fabric from China. Dear Ms. Gomez: In your letter dated May 18, 2009, you requested a tariff classification ruling. The submitted sample is identified as pattern Canna ET35. It is a jacquard woven chenille fabric composed of 47% staple polyester, 36% filament polyester and 17% filament polypropylene, of yarns of different colors. It contains 63 single yarns per centimeter in the warp and 14.7 single yarns per centimeter in the filling. This merchandise weighs 290 g/m2 and will be imported in 57 inch widths. Your correspondence indicates that his fabric will be used as upholstery. You indicate that the fabric is coated with polyacrylic acid or polyethyl acrylate.  Although you describe the coating as rubber, the material does not meet the tariff definition of synthetic rubber in Note 4(a) of Chapter 40, HTSUS.  The note describes synthetic rubber as "unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non- thermoplastic substances which, at a temperature between 18 and 29 degrees C, will not break on being extended to three times their original length, and will return, after being extended to twice their original length, within a period of 5 minutes, to a length not greater than 1 1/2 times their original length."  Polyacrylic acid and polyethyl acrylate are not unsaturated, and therefore do not meet the tariff definition of synthetic rubber.  Both components are considered to be plastics. Note 1 to chapter 59 sets forth the meaning of "textile fabrics" for the purposes of chapter 59. It states:“Except where the context otherwise requires, for the purposes of this chapter the expression "textile fabrics" applies only to the woven fabrics of chapters 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted and crocheted fabrics of headings 6002 to 6006.”Since the woven chenille fabric designated as pattern Canna ET35 is classifiable as a woven chenille fabric of heading 5801 if not coated with plastic, Note 1 to chapter 59 excludes this fabric when coated with plastic from classification under the provision for textile fabrics impregnated, coated, covered or laminated with plastics in subheading 5903, HTS. The applicable subheading for this fabric will be 5801.36.0020, 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, other. The rate of duty will be 9.8%. 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). 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, Robert B. Swierupski Director National Commodity Specialist Division