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NY 877226





September 8, 1992

CLA-2-51:S:N:N3H:352 877226

CATEGORY: CLASSIFICATION

TARIFF NO.: 5112.19.2000

Ms. Amy Wallace
Krueger International
P.O. Box 8100
Green Bay, Wisconsin 54308-8100

RE: The tariff classification of woven wool upholstery fabrics from England.

Dear Ms. Wallace:

In your letter dated August 5, 1992 you requested a tariff classification ruling.

Two samples of woven fabric accompanied your correspondence. The first, identified as style 00477 Milland, is composed of 82% worsted wool, 13% mohair and 5% nylon. The fabric is woven as a plain weave except that the weave pattern in the warp is characterized by two warp ends weaving as one alternating with a single warp end weaving over and under each successive filling pick. This product is manufactured using yarns of different colors. Weighing approximately 317 g/m2, the fabric will be imported in 137 centimeter widths. Laboratory analysis indicates that this fabric exhibits abrasion resistance consistent with the standards for heavy duty upholstery use. Information submitted indicates that the fabric will be used exclusively in the upholstery trade. Based on the physical characteristics of the fabric and the channels of trade through which this product moves, this item belongs to a class or kind of fabric which is principally used as upholstery fabric.

Style AAA 10405 Diamonds is a woven fabric composed of 100% worsted wool. It features a complex weave which creates a diamond pattern by varying the weave in different sections of the fabric. Weighing approximately 372 g/m2, this item will be imported in 137 centimeter widths. The fabric has been dyed a single uniform color. The submitted laboratory analysis of this product indicates that its abrasion resistance exceeds the standards for heavy duty upholstery use. Based on the physical characteristics and the channels of trade through which this item passes, this fabric is of a class or kind that is principally used as upholstery fabric.

The applicable subheading for both styles of fabric 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.

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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