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NY 877376




September 8, 1992

CLA-2-55:S:N:N3H:352 877376

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.11.0090; 5211.49.0020

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

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

Dear Ms. Wallace:

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

You have submitted three samples of woven fabric. The first sample is identified as style #9196. The merchandise is composed of 54% staple polyester and 46% staple rayon. This fabric is jacquard woven with yarns of different colors and weighs 345 g/m2. Laboratory analysis of the abrasion resistance of this fabric indicates that there was no noticeable wear on the warp or filling yarns after 50,000 double rubs using a #10 cotton duck abradant. The resistance to pilling and fuzzing test confirm that this fabric is rated as a class 4 material. This product will be imported in 130 centimeter widths.

The second sample, identified as style #9392, is composed of 57% cotton and 43% polyester. This fabric is jacquard woven with yarns of different colors and weighs 431 g/m2. It will be imported in 130 centimeter widths. Laboratory analysis of the abrasion resistance of this fabric indicates that there was no noticeable wear on the warp or filling yarns after 50,000 double rubs using a #10 cotton duck abradant. The resistance to pilling and fuzzing test confirm that this fabric is rated as a class 4.5 material.

The third sample is identified as style #9309. It is composed of 67% cotton, 33% polyester. This merchandise is jacquard woven with yarns of different colors and will be imported in 130 centimeters widths. Laboratory analysis of the abrasion resistance of this fabric indicates that there was no noticeable wear on the warp and filling yarns after 50,000 double rubs using a #10 cotton duck abradant. This fabric weighs 564 g/m2. The resistance to pilling and fuzzing test confirm that this fabric is rated as a class 4.5 material.

The applicable subheading for style #9196 will be 5515.11.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers mixed mainly or solely with viscose rayon staple fibers, other, other. The rate of duty will be 17 percent ad valorem.

The applicable subheading for styles #9392 and #9309 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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