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NY 883804




April 6, 1993

CLA-2-51:S:N:N6:352 883804

CATEGORY: CLASSIFICATION

TARIFF NO.: 5111.19.1000

Mr. Bobby J. Burgin
Sugo Corporation
214 N. Davis Street
Sulphur Springs, TX 75482

RE: The tariff classification of wool/nylon woven fabric from Mexico.

Dear Mr. Burgin:

In your letter dated March 12, 1993, you requested a tariff classification ruling.

You have submitted two samples of fabric. Based on the information provided, the first sample, identified as fabric #1, is composed of 95% carded wool and 5% staple nylon. This twill woven textile product weighs 610 g/m2 and it will be imported in 157 centimeter widths. This fabric will be used to cover billiard, pool and gaming tables.

The second sample, identified as fabric #2, is a composite fabric consisting of a twill woven face fabric composed of 95% carded wool and 5% staple nylon. The face fabric has been fused to a plain woven backing fabric that is composed of 80% staple polyester and 20% cotton. Weighing approximately 710 g/m2, this composite fabric will be imported in 157 centimeter widths.

Section XI, General Explanatory Note (A) states that when classifying products consisting of two or more textile fabrics of different composition assembled in layers by sewing, gumming, etc., classification is determined in accordance with Interpretive Rule 3. Rule 3 (b) states in part that:

(b) mixtures, composite goods consisting of different materials or made up of different components ........., shall be classified as if they consisted of the material or component which gives them their essential character.

In reference to fabric #2 which consists of a wool blend fabric that has been fused with a woven backing textile fabric of a different composition, classification is based on the application of Interpretive Rule 3. Your correspondence indicates that this product will be used for the purpose of covering pool tables, billiard tables and gaming tables. Therefore, based on the quantity, value and use of this composite good, the wool face fabric has
been determined to provide the essential character of this item. Consequently, the classification of this product is predicated on the composition of the wool blend face fabric without regard to the woven backing fabric.

The applicable subheading for fabric #1 and fabric #2 will be 5111.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of carded wool or of carded fine animal hair, containing 85 percent or more by weight of wool or of fine animal hair, other, tapestry fabrics and upholstery fabrics. The rate of duty will be 7 percent ad valorem.

Both samples of woven fabric fall within textile category designation 414. Based upon international textile trade agreements, products of Mexico are subject to 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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