Oct. 11 CBP Bulletin Proposes to Modify Ruling on Woven Upholstery Fabric
In the Oct. 11 Customs Bulletin (Vol. 57, No. 37), CBP published a proposal to modify a ruling letter concerning woven upholstery fabric.
Comments on Proposals Due Nov. 10
CBP said consideration will be given to any written comments received by Nov. 10 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations after the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Woven Upholstery Fabric
| Items: A woven fabric composed wholly of polyester yarns of different colors, of which 72% is staple fibers and 28% is filament yarns. The fabric weighs 482 g/m2. The fabric has an acrylic coating applied to the reverse side of the fabric that is not visible to the naked eye. |
| Current: 5903.90.2500, 9903.88.03, 7.5% + 25%, "Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902: Other: Of man-made fibers: Other: Other." |
| Proposed: 5515.12.00, 12%, “Other woven fabrics of synthetic staple fibers: Of polyester stable fibers: Mixed mainly or solely with man-made filaments.” |
| Reason: The acrylic coating is not visible to the naked eye since it doesn't change the surface character of the fabric. The acrylic coating neither imparts a visible sheen nor does it create a visible pattern. |
| Proposed for Modification: NY N319028, dated April 30, 2021 |
| Proposed new ruling: HQ H331151 |