The tariff classification of polyester/rayon double-woven pile fabric from Germany

N150855 August 5, 2011 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.33.0000 Ms. Patricia Posillipo Arc-Com Fabrics, Inc. 33 Ramland South Orangeburg, NY 10962 RE: The tariff classification of polyester/rayon double-woven pile fabric from Germany Dear Ms. Posillipo: In your letter dated February 25, 2011 you requested a tariff classification ruling. The submitted sample, identified as style 1397/54 Chenille Texture, is a woven fabric of yarns of different colors, characterized by a complex weave creating a geometric pattern by alternating areas of flat weave, floating threads and small squares of pile. Information provided indicates that this product is composed of 71% polyester and 29% viscose rayon, and was woven on a jacquard velvet loom. Although the fabric gives the appearance of chenille, CBP laboratory analysis indicates that the fabric, which weighs 468.2 g/m2, is double-woven of cut weft pile construction, and does not contain any chenille yarns. Your correspondence indicates that this fabric will be imported in 144 centimeter widths and will be used for upholstery. The applicable subheading for style 1397/54 Chenille Texture will be 5801.33.0000, 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: other weft pile fabrics. 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