The tariff classification of a polyester/nylon woven fabric of cut weft pile construction bonded to a polyester woven backing fabric from China

N150943 July 20, 2011 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.33.0000 Mr. Michael Pipitone John F. Kilroy Co., Inc 1 Cross Island Plaza, Suite 203E Rosedale, NY 11422 RE: The tariff classification of a polyester/nylon woven fabric of cut weft pile construction bonded to a polyester woven backing fabric from China Dear Mr. Pipitone: In your letter dated February 25, 2011, you requested a tariff classification ruling. The submitted sample, identified as style Mondavi, is a cut pile fabric bonded to a plain-woven backing fabric. The two layers are bonded together by means of an adhesive which is not visible in cross section. The face fabric is characterized by pile arranged so as to give the effect of diagonal lines. CBP laboratory analysis indicates that the woven face fabric is of cut weft pile, but not of corduroy, construction. The face fabric has the following composition by weight: cut pile of 78.3% polyester and 21.7% nylon fibers, with a woven ground of polyester filament yarns. The plain-woven backing fabric is composed of 51% filament polyester and 49% staple polyester. The pile face fabric weighs 229.2 g/m2 and the woven backing fabric weighs 78.8 g/m2, with a combined weight of 314.5 g/m2. Based on the value, weight and function of the fabrics that comprise this bonded fabric, it is the pile face fabric that imparts this product with its essential character. Your correspondence indicates that this product will be imported in 140 centimeter widths. The applicable subheading for style Mondavi 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