The tariff classification of four polyester woven chenille fabrics from China

N235102 November 26, 2012 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0010; 5801.36.0020 Mr. Brett Ian Harris Pisani & Roll LLP 1629 K Street NW, Suite 300 Washington, DC 20006 RE: The tariff classification of four polyester woven chenille fabrics from China Dear Mr. Harris: In your letter dated October 31, 2012, on behalf of your client, Global Textile Alliance, Inc., you requested a tariff classification ruling. Four samples accompanied your request. Your correspondence indicates that a thin coating has been applied to the back of the fabrics to facilitate cutting, and that all styles will be used for upholstery. Style Clairemont HD550 is a woven chenille fabric said to be composed of 100% polyester. It is a double weave fabric, characterized by a herringbone effect formed by a partially fibrous surface created by the introduction of chenille yarns during the weaving process, with chenille yarns appearing on both sides of the fabric. You state that this fabric weighs 450 g/m2, and will be imported in 142 centimeter widths. Style Medici is a woven chenille fabric said to be composed of 100% polyester. It is characterized by paisley design formed by a partially fibrous surface created by the introduction of chenille yarns during the weaving process, with chenille yarns appearing on both sides of the fabric. You state that this fabric weighs 447 g/m2, and will be imported in 145 centimeter widths. Style La Vida Loca is a woven chenille fabric said to be composed of 100% polyester. It is characterized by a design of small squares arranged in rows formed by a partially fibrous surface created by the introduction of chenille yarns during the weaving process, with chenille yarns appearing on both sides of the fabric. You state that this fabric weighs 335 g/m2, and will be imported in 145 centimeter widths. Style Laura HD577 is a woven chenille fabric said to be composed of 400% polyester. It is characterized by a heathered look featuring an allover fibrous surface created by the introduction of chenille yarns during the weaving process, with chenille yarns appearing on one side of the fabric. You state that this fabric weighs 260 g/m2, and will be imported in 142 centimeter widths. 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 style Laura HD577 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. The applicable subheading for styles Clairemont HD550, Medici and La Vida Loca will be 5801.36.0020, 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, Thomas J. Russo Director National Commodity Specialist Division