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NY 850941


APR 13 1990

CLA-2-51:S:N:N3H:352 850941

CATEGORY: CLASSIFICATION

TARIFF NO.: 5112.19.1000

Mr. Robert Bellows
Alternative Brokers Int'l., Inc.
177-15 149th Road
Jamaica, New York 11434

RE: The tariff classification of woven wool upholstery fabric from Brazil.

Dear Mr. Bellows:

In your letter dated March 27, 1990 on behalf of your client D.G. Diehl, Inc., you requested a classification ruling.

The submitted sample, style no. 152602, is a twill woven plaid fabric. It is composed of 100% worsted wool. The fabric is constructed 2-ply yarns in the warp and in the filling. Weighing 339 g/m2, the fabric will be imported in 138 centimeter widths. You state in your letter that the fabric has been treated for moth proofing. Also submitted with your letter are test results for the subject fabric. The flammability test results indicate that the fabric demonstrates normal flammability and is rated a class 1 fabric. In addition, the fabric demonstrates no noticeable wear at 50,000 double rubs when tested with a #10 cotton duck abrasive. A list of their customers in the U. S. reveals that all of their sales are to firms in the upholstery trade.

The applicable subheading for the style 152602 will be 5112.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of combed wool or of combed fine animal hair, containing 85 percent or more by weight of wool or fine animal hair, other, tapestry fabrics and upholstery fabrics. The duty rate will be 7 percent ad valorem.

The subject fabric falls within textile category designation 414. Based upon international textile trade agreements, products of Brazil are subject to quota restraints and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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