The tariff classification of rayon/polyester chenille jacquard woven upholstery fabric from China

N079108 October 14, 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 rayon/polyester chenille jacquard woven upholstery fabric from China Dear Ms. Gomez: In your letter dated September 30, 2009, you requested a tariff classification ruling. The submitted sample is identified as CA01-Hospitality Chenille Squares/ZK911462. It is a jacquard woven chenille fabric composed of 78% staple rayon and 22% filament polyester (32% chenille). It is characterized by a dense fibrous surface on the fabric face created by the introduction of chenille yarns in the filling. It is composed of yarns of different colors. There are 64 single yarns per centimeter in the warp and 39 single yarns per centimeter in the filling. Weighing 476 g/m2, this fabric will be imported in 54 inch widths. Your correspondence indicates that this fabric will be used as upholstery. The applicable subheading for CA01-Hospitality Chenille Squares/ZK911462 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% 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). 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