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

N269838 November 20, 2015 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Mr. Richard Ness Greatex Mills, Inc. 1625 Chabanel St. West, Suite 201 Montreal, Québec, Canada H4N 2S7 RE: The tariff classification of a bonded upholstery fabric consisting of a polyester woven chenille fabric laminated to a knit backing fabric, from China Dear Mr. Ness: In your letter received October 21, 2015, you requested a tariff classification ruling. A sample of the fabric accompanied your request. Pattern Lancome with Knit Backing is a bonded upholstery fabric consisting of a woven face fabric laminated to a knit backing fabric, and is characterized by a marled “hand woven” appearance. The corrected specifications sheets indicate that the face fabric is composed of 52% polyester, 40% viscose rayon and 8% acrylic yarns of different colors and weighs 480 g/m2. Although the specifications sheet did not indicate the presence of chenille yarns, visual examination of the sample revealed the presence of chenille yarns, visible on two sides of the fabric. The knitted polyester backing fabric weighs 40 g/m2. Based on the relative weights, use, quantity and design of the face and backing fabrics, we have determined that it is the face fabric which imparts this product with its essential character. Your letter indicates that the fabric will be imported on rolls, in widths of 140 centimeters, and will be used for upholstery. The applicable subheading for Pattern Lancome with Knit Backing will be 5801.36.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven pile fabrics and chenille 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