The tariff classification of a brushed dobby-woven polyester upholstery fabric from China

N257468 March 11, 2015 CLA-2-55:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5515.12.0090 Ms. Pamela Charlene Berry Marisol International 871 Ridgeway Loop, Suite 203 Memphis, TN 38120 RE: The tariff classification of a brushed dobby-woven polyester upholstery fabric from China Dear Ms. Berry: In your letter dated September 9, 2014, you requested a tariff classification ruling on behalf of your client, Creative Solutions International Inc. A sample of the fabric was provided. Style Sophia is a woven fabric, characterized by a soft heathered fibrous surface. Although you state that only filament polyester yarns were employed in the weaving of the face fabric, a subsequent napping or brushing operation has broken the fibers in a portion of the yarns, converting the fiber in those yarns from filament to staple. Customs and Border Protection (CBP) laboratory analysis indicates that this fabric is of a weave other than plain, twill or satin, is composed of 55.4% staple polyester and 44.6% filament polyester yarns of different colors and weighs 235.2 g/m2. Your correspondence indicates that this product will be imported in 140 cm widths and will be used for upholstery. The applicable subheading for Style Sophia will be 5515.12.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers: mixed mainly or solely with man-made filaments, 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 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. 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 maribeth.dunajski@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division