The tariff classification of a needlepunched woven upholstery fabric from China

N260202 June 5, 2015 CLA-2-55: OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5512.19.0005 Mr. Richard Ness Greatex Mills, Inc. 1625 Chabanel St. West, Suite 201 Montréal, Québec, Canada H4N 2S7 RE: The tariff classification of a needlepunched woven upholstery fabric from China Dear Mr. Ness: In your letter dated October 27, 2014, you requested a tariff classification ruling. A sample of the fabric accompanied your request. Pattern “Tobago” is a woven fabric, characterized by a woven zigzag pattern on the face and by a textured fibrous surface on the reverse side. According to the information provided and subsequent correspondence, this fabric was woven wholly of filament yarns. However, a needlepunching operation has mechanically broken the fibers in the yarns, converting the fibers from filament to staple. Customs and Border Protection (CBP) laboratory analysis finds that this fabric is of a weave other than plain, twill or satin, is composed wholly of polyester staple yarns of different colors, and weighs 279.7 g/m2. Your correspondence indicates that this product will be imported in 140 cm widths and will be used as an upholstery fabric. The applicable subheading for Pattern “Tobago” will be 5512.19.0005, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers: containing 85 percent or more by weight of polyester staple fibers: other, of yarns of different colors, except blue denim or jacquard weave. The duty rate will be 13.6% 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