CLA-2-58:OT:RR:NC:N3:352
Ms. Angela Gleave
Morrison Edwards
Division of Nassimi LLC
370 Seventh Avenue
Suite 1600
New York, NY 10001
RE: The tariff classification of a polyester woven cut warp pile upholstery fabric from Turkey
Dear Ms. Gleave:
In your letter dated July 30, 2013, you requested a tariff classification ruling. A sample was submitted.
The sample, identified as style Almira, is a woven cut pile fabric. It is characterized by a soft texture with a hint of gloss. According to your submission and visual examination of the sample provided, this fabric is of cut warp pile construction, is composed wholly of polyester yarns and weighs 409 g/m2. Your correspondence states that the fabric will be imported in 140 centimeter widths and will be used for upholstery.
The applicable subheading for style Almira will be 5801.37.5010, 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: warp pile fabrics: cut, over 271 grams per square meter. 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/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.
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 (646) 733-3045.
Sincerely,
Myles B. Harmon
Acting Director
National Commodity Specialist Division