N340824

N340824 August 26, 2024 CLA-2-58:OT:RR:NC:N2:352 CATEGORY: Classification TARIFF NO.: 5801.37.5010 Breena Bakey Flexsteel Industries, Inc. 385 Bell Street Dubuque, IA 52001 RE: The tariff classification of a woven cut warp pile upholstery fabric from Indonesia Dear Ms. Bakey: In your letter dated June 19, 2024, you requested a tariff classification ruling. A sample swatch was provided to this office and will be retained for reference purposes. Flexsteel Pattern 42 (Katalina) is a woven jacquard fabric of warp cut pile construction. According to the information provided, the fabric is composed wholly of man-made fibers of yarns of different colors, of which 67 percent is rayon staple fibers and 33 is polyester filament yarns. The fabric weighs 529 g/m2. You indicate the fabric will be imported in 57-inch widths and will be used for upholstery. In your letter, you suggest classification under 5408.33.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405: Other woven fabrics: Of yarns of different colors: Other: Other: Other: Other. However, based on the information supplied with your request, the fabric is constructed with pile yarns. The applicable subheading for Pattern 42 (Katalina) will be 5801.37.5010, 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 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 at https://hts.usitc.gov/. 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 Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Nicole Rosso at nicole.rosso@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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 Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Nicole Rosso at nicole.rosso@cbp.dhs.gov.Sincerely, Steven A. Mack Director National Commodity Specialist Division