The tariff classification of a bonded upholstery fabric consisting of a warp knit pile fabric laminated to a woven backing fabric, from China

N269835 January 13, 2017 CLA-2-60:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 6001.92.0030 Mr. Richard Ness Manager, Quality Control Greatex Mills, Inc. 1625 Chabanel Street West, Suite #201 Montreal, Canada H4N 2S7 RE: The tariff classification of a bonded upholstery fabric consisting of a warp knit pile fabric laminated to a woven backing fabric, from China Dear Mr. Ness: In your letter dated July 13, 2015, you requested a tariff classification ruling. A sample swatch was submitted. Pattern “Bradano on base Hande” is a bonded fabric consisting of a knit pile fabric laminated to a woven backing fabric. Although in initial and subsequent contact the face fabric was not declared to be pile, U.S. Customs & Border Protection (CBP) laboratory analysis indicates that the face fabric, composed wholly of polyester yarns, is of warp knit cut pile construction, and weighs 207.6 g/m2. The face fabric is printed, and contains 18 stitches per centimeter in the vertical direction. Although originally declared as knitted, the backing fabric, composed wholly of polyester yarns, is of plain weave construction and weighs 96.1 g/m2. Based on the relative weights, quantity and end-use of the face and backing fabrics, we have determined that it is the face fabric which imparts this product with its essential character. You indicate that this fabric will be imported in 142-centimeter widths and will be used for upholstery. Statistical Note 1 to Chapter 60, Harmonized Tariff Schedule of the United States (HTSUS), states: For purposes of statistical reporting numbers 6001.92.0010 and 6001.92.0030, the term “velour” refers to fabrics containing 12 or more stiches per centimeter in the vertical direction. The applicable subheading for Pattern “Bradano on base Hande” will be 6001.92.0030 Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted: Other: Of man-made fibers: Other: Velour. The applicable rate of duty will be 17.2% 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 https://hts.usitc.gov/current. 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 via email at maribeth.dunajski@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division