The tariff classification of a bonded polyester knit upholstery fabric from China

N273357 March 25, 2016 CLA-2-60:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 6001.22.0000 Ms. Amy Miller Flexsteel Industries, Inc. 385 Bell Street Dubuque, IA 52001 RE: The tariff classification of a bonded polyester knit upholstery fabric from China Dear Ms. Miller: In your letter dated January 29, 2016, you requested a tariff classification ruling. A sample was provided. Flexsteel Pattern 322 Diversey is a bonded fabric consisting of a knit fabric which has been laminated to a knit pile backing fabric. The brushed face fabric has been printed with a plastics substance in a pattern to resemble leather. According to the information provided, the face fabric is of a warp knit construction, composed wholly of polyester (of which 85% is filament and 15% is staple), and weighs 260 g/m2. The backing fabric is of a weft knit looped pile construction, is composed wholly of polyester, and weighs 190 g/m2. The overall weight of this fabric is 450 g/m2. Your correspondence indicates that the fabric will be imported in widths of 55 inches and will be used for upholstery. Note 1(c) to Chapter 60, Harmonized Tariff Schedule of the United States (HTSUS), states that this chapter does not cover: Knitted or crocheted fabrics, impregnated, coated, covered or laminated, of Chapter 59. However, knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001. Since the instant fabric is a laminated fabric but incorporates a knit pile fabric, Note 1(c) to Chapter 60 specifically includes it within the scope of heading 6001. In your letter, you suggest that this fabric be classified as an “other” pile fabric under subheading 6001.92.0040, Harmonized Tariff Schedule of the United States (HTSUS). However, the pile fabric layer is looped pile. The applicable subheading for Flexsteel Pattern 322 Diversey will be 6001.22.0000, HTSUS, which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted: looped pile fabrics, of man-made fibers. The 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 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, Deborah C. Marinucci Acting Director National Commodity Specialist Division