The tariff classification of five woven polyester and polypropylene fabrics for use in the manufacture of window blinds, from Turkey

N241937 January 22, 2014 CLA-2-54:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5407.53.2060; 5407.73.2015; 5407.93.2090 Mr. Thomas Singer iCustom Broker, Inc. 2810 Sweet Home Road Amherst, NY 14228 RE: The tariff classification of five woven polyester and polypropylene fabrics for use in the manufacture of window blinds, from Turkey Dear Mr. Singer: In your letter dated May 7, 2013, on behalf of your client Louvolite (Canada) Limited, you requested a tariff classification ruling. Five samples accompanied your request. Based on your original submission and subsequent correspondence, these fabrics will be imported in widths of 200-204 centimeters and will be used in the manufacture of window blinds. Style Harmony is a woven fabric, characterized by a rough textured surface. According to Customs and Border Protection (CBP) laboratory analysis, this plain weave fabric is wholly composed of textured polyester filament yarns of different colors. It contains 27% single yarns per centimeter in the warp and 12 single yarns per centimeter in the filling, and weighs 173.6 g/m2. Style Bolero is a woven fabric, characterized by a Spanish brocade pattern. According to CBP laboratory analysis, it is composed of 58.7% textured filament polyester yarns and 41.3% textured filament polypropylene filling yarns of different colors, is of woven construction other than plain, twill or satin weave, and weighs 155.2 g/m2. Style Honeysuckle is a woven fabric, characterized by a floral/vine pattern. According to CBP laboratory analysis, it is composed by weight of 59.9% textured filament polyester warp yarns and 40.1% textured filament polypropylene filling yarns. The fabric is of woven construction other than plain, twill or satin weave and is composed of yarns of different colors. It contains 35.0 single yarns per centimeter in the warp and 11.3 single yarns per centimeter in the filling, and weighs 159.1 g/m2. Style Palm is a woven fabric, characterized by a tropical palm tree pattern. According to CBP laboratory analysis, it is composed of 60.5% textured filament polyester yarns and 39.5% textured filament polypropylene filling yarns of different colors, is of woven construction other than plain, twill or satin weave, and weighs 154.7 g/m2. Style Geo is a woven fabric, characterized by a modified basket weave pattern. According to CBP laboratory analysis, it is composed of 82.3% textured filament yarns and 17.7% staple yarns, of polyester and polypropylene yarns of different colors, is of woven construction other than plain, twill or satin weave, and weighs 222.7 g/m2. Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTSUS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903, HTSUS, applies to: (a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than: (1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color; (2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39); (3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39); (4) Fabrics partially coated or partially covered with plastic and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60); … Although your specifications sheets state that a PVA/PVC coating has been applied to these fabrics, the coating is not visible to the naked eye. Therefore, these fabrics are not considered to be coated fabrics either for the purposes of classification in heading 5903, HTSUS, as a coated fabric of textile, or as a plastic product of chapter 39. The applicable subheading for style Harmony will be 5407.53.2060, HTSUS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: other woven fabrics, containing 85% or more by weight of textured polyester filaments: of yarns of different colors: other, weighing more than 170 g/m2. The rate of duty will be 12% ad valorem. The applicable subheading for styles Bolero, Honeysuckle and Palm will be 5407.73.2015, HTSUS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: other woven fabrics, containing 85 percent or more by weight of synthetic filaments: of yarns of different colors, other, weighing not more than 170 g/m2. The duty rate will be 8.5% ad valorem. The applicable subheading for style Geo will be 5407.93.2090, HTSUS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404: other woven fabrics: of yarns of different colors: other: other, other, other. The rate of duty will be 12% 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). This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs. 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division