CLA-2-58:OT:RR:NC:N3:352
Ms. Elizabeth R. Morris
Rogers & Brown Custom Brokers, Inc.
2 Cumberland Street
P.O. Box 20160
Charleston, SC 29413-0160
RE: The tariff classification of two jacquard-woven chenille fabrics from China
Dear Ms. Morris:
In your letter dated April 8, 2015, on behalf of your client, Swavelle/Mill Creek Fabrics, Inc., you requested a tariff classification ruling. Two samples were provided.
Style Hitchin-Latex SHDB14578B is a jacquard-woven fabric of yarns of different colors, characterized by a pattern of interlocking medallions in earth tone hues deepened by the texture of the chenille yarns. According to your initial correspondence and subsequent contact, this fabric is composed wholly of polyester and weighs 435 g/m2. Your letter states that a styrene-butadiene rubber (SBR) backing has been applied to reverse side of this fabric for stability. However, as per Note 1 to Chapter 59, this fabric cannot be considered a coated fabric of that chapter. You indicate that this fabric will be imported in 140 centimeter widths and will be used in the home furnishings and apparel industry.
Style Maja-Latex SHDB16163 is a jacquard-woven fabric of yarns of different colors, characterized by a pattern reminiscent of Ikat, created by the brilliant colors and dense texture of the chenille yarns. According to your initial correspondence and subsequent contact, this fabric is composed of 88% polyester and 12% cotton, weighing 403 g/m2. Your letter states that a styrene-butadiene rubber (SBR) backing has been applied to reverse side of this fabric for stability. However, as per Note 1 to Chapter 59, this fabric cannot be considered a coated fabric of that chapter. You indicate that this fabric will be imported in 140 centimeter widths and will be used in the home furnishings and apparel industry.
The applicable subheading for Style Hitchin-Latex SHDB14578B and Style Maja-Latex SHDB16163 will be 5801.36.0020, HTSUS, which provides 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% 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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division