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NY 864046


JUN 24 1991

CLA-2-51:S:N:N3H:352 864046

CATEGORY: CLASSIFICATION

TARIFF NO.: 5112.19.2000; 5211.49.0020

Ms. Bonnie Mosbrucker
Krueger International, Inc.
P.O. Box 8100
Green Bay, WI 54308-8100

RE: The tariff classification of woven upholstery fabric from Ireland.

Dear Ms. Mosbrucker:

In your letter dated May 14, 1991, you requested a tariff classification ruling.

You have submitted two samples of woven upholstery fabric. Style #1BW55/1, identified as "Quica", is composed of 100% worsted wool. The fabric contains 33.46 warp ends per centimeter and 21.45 filling picks per centimeter. This merchandise is dobby woven and has been dyed a single uniform color. The fabric weighs 334.4 g/m2, and will be imported in 138.43 centimeter widths. This textile product has been treated with a mothproof finish. Laboratory analysis of the abrasion resistance of this fabric indicates that there was no noticeable wear on either the warp or filling yarns after 50,000 double rubs using a #10 cotton duck as the abradant. This result is consistent with abrasion resistance for medium to heavy duty upholstery fabric. In addition, flammability tests confirm that this fabric is rated as a class 1 material under the Federal Flammable Fabric Act. Based on the use, physical characteristics, design and channels of distribution for this item, this fabric is of a class or kind that is principally used as upholstery fabric.

The second sample, identified as style #4BWJ/6 and named "Bamboo", is composed of 50% cotton, 30% staple viscose rayon, 15% linen and 5% staple polyester. This merchandise contains 34.44 warp ends per centimeter and 15.35 filling picks per centimeter. The fabric is jacquard woven with yarns of different colors and weighs 355 g/m2. This textile product has been treated with a mothproof finish.

The applicable subheading for style #1BW55/1 will be 5112.19.2000, 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 of fine animal hair, other, tapestry fabrics and upholstery fabrics of a weight exceeding 300 g/m2. The rate of duty will be 7 percent ad valorem.

The applicable subheading for style #4BWJ/6 will be 5211.49.0020, HTS, which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man- made fibers, weighing more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven. The rate of duty will be 9.7 percent ad valorem.

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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