The tariff classification of a woven polyester/acrylic chenille upholstery fabric from China

N085718 December 15, 2009 CLA-2-58:OT:RR:NC:TA:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Ms. Meredith L. Woodard Blumenthal Print Works, Inc. 905 South Broad Avenue New Orleans, LA 70125 RE: The tariff classification of a woven polyester/acrylic chenille upholstery fabric from China Dear Ms. Woodard: In your letter dated November 19, 2009, you requested a tariff classification ruling. The submitted sample is identified as pattern HD128 HUAHAI. It is a jacquard woven chenille fabric composed of 53% staple acrylic and 47% filament polyester, and is composed of yarns of different colors. It is characterized by a dense fibrous surface on the fabric face created by the introduction of chenille yarns in the filling. The fabric contains 67 single yarns per centimeter in the warp and 14 single yarns per centimeter in the filling, weighs 330 g/m2 and will be imported in 56 inch widths. Your correspondence indicates that this fabric will be used as upholstery. The information provided indicates that this fabric has been coated with a clear application of polyacrylic acid latex; however, the coating is not visible to the naked eye. 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 HD128 HUAHAI, 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 pattern HD128 HUAHAI 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