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NY 882712




March 15, 1993

CLA-2-55:S:N:N6:352 882712

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0010; 5515.21.0090; 5407.94.2010

Mr. Maurice J. Delauriers
John V. Carr & Son, Inc.
P. O. Box 307
Derby Line, Vermont 05830

RE: The tariff classification of three samples of woven upholstery fabric from Canada.

Dear Mr. Deslauriers:

In your letter dated February 3, 1993, on behalf of your client Tisbek Vertical, Ltee., you requested a tariff classification ruling.

You have submitted three samples of woven upholstery fabrics. Sample no. 1, identified as Quality A 2120, is composed of 57% staple polyester and 43% filament polyester. It is constructed using 167 denier filament polyester yarns in the warp and 14/1 c.c. spun polyester yarns in the filling. This printed fabric is plain woven and weighs 153.8 g/m2. It contains 33.1 single yarns per centimeter in the warp and 18.9 single yarns per centimeter in the filling. It will be imported in widths ranging between 160 and 165 centimeters. Based on data developed by the Customs Laboratory, the average yarn number for this fabric has been calculated to be 33 in the metric system.

Sample no. 2, identified as Quality G 2617 is composed of 65.2% staple acrylic and 34.8% filament polyester. It is constructed using 220 denier 2 ply yarns in the warp and single acrylic yarns in the filling. This fabric contains 15.7 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. This printed fabric is dobby woven and weighs 294.5 g/m2. It will be imported in 157 centimeter widths.

The third sample is identified as Quality G 2961. It is composed of 60.6% filament polyester, 26% filament acetate and 13.4% staple acrylic. This printed fabric contains 25.2 single yarns per centimeter in the warp and 14.2 single yarns per centimeter in the filling. The merchandise is twill woven and weighs 239.3 g/m2. It will be imported in widths ranging between 152 and 157 centimeters.

The applicable subheading for sample no. 1, Quality A 2120 will be 5515.12.0010, 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 man-made filaments, poplin or broadcloth. The rate of duty will be 17 percent ad valorem.

The applicable subheading for sample no. 2, Quality G 2617, will be 5515.21.0090, HTS, which provides for other woven fabrics of synthetic staple fibers, of acrylic or modacrylic staple fibers, mixed mainly or solely with man-made filaments, other. The rate of duty will be 17 percent ad valorem.

The applicable subheading for sample no. 3, Quality G 2961 will be 5407.94.2010, HTS, which provides for woven fabrics of synthetic filament yarn, including materials obtained from heading 5404, other woven fabrics, printed, other, mixed mainly or solely with artificial filaments or metalized yarns. The rate of duty will be 17 percent ad valorem.

Goods classifiable under subheadings 5515.12.0010; 5515.21.0090; and 5407.94.2010, HTS, respectively, which have originated in the territory of Canada, will be entitled to a 8.5 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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