The tariff classification of a coated polyester jacquard weave upholstery fabric from China

N299809 September 6, 2018 CLA-2-59:OT:RR:NC:N3:350 CATEGORY: Classification TARIFF NO.: 5903.90.2500 Ms. Breena Bakey Flexsteel Industries, Inc. 385 Bell Street Dubuque, IA 52001 RE: The tariff classification of a coated polyester jacquard weave upholstery fabric from China Dear Ms. Bakey: In your letter dated August 7, 2018, you requested a tariff classification ruling. A sample swatch was submitted. Flexsteel Pattern 132 (M10581/T11588) is a lightly-coated woven fabric of yarns of different shades of the same color. According to the information provided, this fabric is of jacquard weave construction, composed wholly of polyester (52% filament and 48% staple) and weighs 407 g/m2. The specifications sheet states that a (plastic) acrylic latex backing has been applied to the fabric. You indicate that this fabric will be imported in 57-inch widths and will be used for upholstery. In your letter you suggest classification under subheading 5407.83, Harmonized Tariff Schedule of the United States (HTSUS), as an uncoated woven fabric of filament fibers. However, the coating on the back is visible to the naked eye. The applicable subheading for Pattern 132 (M10581/T11588) will be 5903.90.2500, HTSUS, which provides for Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: Other: Of man-made fibers: Other: Other. The rate of duty will be 7.5 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