The tariff classification of polyester jacquard weave chenille upholstery fabric from China

N283258 February 22, 2017 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Ms. Beth Morris Rogers & Brown Custom Brokers, Inc. 2 Cumberland Street P.O Box 20160 Charleston, SC 29413 RE: The tariff classification of polyester jacquard weave chenille upholstery fabric from China Dear Ms. Morris: In your letter dated January 30, 2017, you requested a tariff classification ruling on behalf of your client, Swavelle/Mill Creek Fabrics, Inc. A sample swatch was submitted. Style Indus Latex is a jacquard-woven fabric of yarns of different colors, containing chenille yarns visible on both sides of the fabric. The fabric is characterized by a pattern reminiscent of an antique oriental rug. According to the information provided, this fabric is composed wholly of polyester and weighs 425 g/m2. Your letter states that a latex coating has been applied to the reverse side. However, as per Note 1 to Chapter 59, a woven chenille fabric cannot be considered a coated fabric of that chapter. You indicate that this fabric will be produced in 145-centimeter widths and will be used in the home furnishing and apparel industry. The applicable subheading for Style Indus Latex 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 percent 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