The tariff classification of two jacquard-woven chenille fabrics from China

N263974 May 14, 2015 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Ms. Elizabeth R. Morris Rogers & Brown Custom Brokers, Inc. 2 Cumberland Street P.O. Box 20160 Charleston, SC 29413-0160 RE: The tariff classification of two jacquard-woven chenille fabrics from China Dear Ms. Morris: In your letter dated April 13, 2015, on behalf of your client, Textile Fabric Associates, LLC, you requested a tariff classification ruling. Two samples were provided. Style Cactus Flats (SHDA16888) is a jacquard-woven fabric of yarns of different colors, characterized by its Southwestern theme. The fabric has a fibrous surface created by the insertion of chenille yarns, which are visible on both sides of the fabric. According to your initial correspondence and subsequent contact, this fabric is composed of 89% polyester and 11% cotton and weighs 597 g/m2. You indicate that this fabric will be imported in 140 centimeter widths and will be used primarily in the home furnishings and apparel industry. Style Diamonds in the Sky (KFM1913) is a jacquard-woven fabric of yarns of different colors, characterized by its mosaic diamond pattern created by the vibrant colors and texture of the chenille yarns visible on both sides of the fabric. According to your initial correspondence and subsequent contact, this fabric is composed of 80% rayon chenille and 20% filament polyester and weighs 580 g/m2. Your letter states that a styrene-butadiene rubber (SBR) backing has been applied to reverse side of this fabric for stability. However, as per Note 1 to Chapter 59, Harmonized Tariff Schedule of the United States (HTSUS), this fabric cannot be considered a coated fabric of that chapter. You indicate that this fabric will be imported in 142 centimeter widths and will be used primarily in the home furnishings and apparel industry. The applicable subheading for Styles Cactus Flats (SHDA16888) and Diamonds in the Sky (KFM1913) will be 5801.36.0020, HTSUS, which provides woven and 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 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