The tariff classification of a bonded polyester woven chenille upholstery fabric from China

N303169 March 21, 2019 CLA-2-58:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5801.36.0020 Breena L. Bakey Flexsteel Industries, Inc. 385 Bell Street Dubuque, IA 52001 RE: The tariff classification of a bonded polyester woven chenille upholstery fabric from China Dear Ms. Bakey: In your letter dated February 22, 2019, you requested a tariff classification ruling. A sample swatch was submitted. Flexsteel Pattern 625 (Medlow) is a bonded fabric composed of woven face fabric laminated to a nonwoven backing fabric. The face fabric is characterized by a thick weave of chenille yarns that is visible on both sides. According to the information provided, the face fabric is of jacquard weave construction, is composed wholly of polyester, of which 70 percent is staple fibers and 30 percent is textured filament yarns and weighs 400 g/m2. The nonwoven backing fabric is composed wholly of polyester yarns, which functions to support and reinforce the face fabric; it is dyed and weighs 89 g/m2. The bonded fabric has a total weight of 489 g/m2. You indicate that this fabric will be imported in 54-inch widths and will be used for upholstery. In your letter, you suggest classification under 5801.36.0010, 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: With chenille yarns on one side only. However, based on visual examination, this fabric contains chenille yarns, which are visible on both sides of the fabric. The applicable subheading for Flexsteel Pattern 625 (Medlow) will be 5801.36.0020, 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 Nicole Rosso via email at nicole.rosso@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division