The tariff classification of two woven polyester/acrylic chenille fabrics from China

N174699 August 4, 2011 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0010 Mr. Brett Ian Harris Pisani & Roll LLP 1629 K Street NW, Suite 300 Washington, DC 20006 RE: The tariff classification of two woven polyester/acrylic chenille fabrics from China Dear Mr. Harris: In your letter dated July 8, 2011, on behalf of your client, Global Textile Alliance, Inc., you requested a tariff classification ruling. Style Bermuda is a woven chenille fabric said to be composed of 62% polyester and 38% acrylic. It is characterized by a textured fibrous surface created by the introduction of chenille yarns into the filling during the weaving process, to provide a chenille effect on one side of the fabric. A thin latex coating has been applied to the back of the fabric to facilitate cutting. Your correspondence indicates that this fabric weighs 360 g/m2, will be imported in 142 centimeter widths, and will be used for upholstery. Style Day Tripper is a woven chenille fabric said to be composed of 50% polyester and 50% acrylic. It is characterized by a textured fibrous surface created by the introduction of chenille yarns into the filling during the weaving process, to provide a chenille effect on one side of the fabric. A thin latex coating has been applied to the back of the fabric to facilitate cutting. Your correspondence indicates that this fabric weighs 280 g/m2, will be imported in 142 centimeter widths, and will be used for upholstery. 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 or crocheted fabrics of headings 6002 to 6006. Since these woven chenille fabrics would be classifiable as a fabric of heading 5801 if not coated with plastics or rubber, Note 1 to Chapter 59 excludes these fabrics from classification under the provision for textile fabrics impregnated, coated, covered or laminated. The applicable subheading for styles Bermuda and Day Tripper will be 5801.36.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806: of man-made fibers: chenille fabrics, with chenille yarns on one side only. The rate of duty will be 9.8% ad valorem. A classification ruling regarding the fabrics identified as Anguilla and Brooke cannot be issued at this time, as these items were sent to the Customs Laboratory for analysis. A separate ruling, under ruling number NY N177697, will be issued at a later date.  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