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NY 887426




June 28, 1993

CLA-2-55:S:N:N6:352 887426

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.23.0090; 5515.12.0090; 5407.93.2090

Mr. Suwipan Thisyamondol
Thai Trade Center
401 N. Michigan Avenue, Suite 544
Chicago, IL 60611

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

Dear Mr. Thisyamondol:

In your letter dated June 9, 1993, you requested a tariff classification ruling.

You have submitted four samples of jacquard woven upholstery fabric. Sample no. 1, identified as style Balloon, is composed of 63% staple rayon, 24% filament polyester and 13% cotton. The jacquard woven fabric is composed of yarns of different colors and it weighs 314 g/m2. This textile product contains 62 warp ends per centimeter and 27.6 filling picks per centimeter. It will be imported in 140 centimeter widths.

Sample no. 2, identified as style Jazz, is composed of 41% staple polyester, 37% filament polyester and 22% staple rayon. It is jacquard woven with yarns of different colors. This fabric contains 54 warp ends per centimeter and 45.7 filling picks per centimeter. The merchandise weighs 330 g/m2 and it will be imported in 140 centimeter widths.

Sample no. 3 is identified as style Brocade. It is composed of 65% filament polyester and 35% staple rayon. This textile product is jacquard woven with yarns of different colors. It contains 62.2 warp ends per centimeter and 22.8 filling picks per centimeter. This merchandise weighs 199 g/m2 and it will be imported in 140 centimeter widths.

Sample no. 4, identified as style Juliat, is composed of 45% filament polyester, 36% staple polyester and 19% staple rayon. This jacquard woven fabric contains 54 warp ends per centimeter and 28.4 filling picks per centimeter. Weighing 237 g/m2, this merchandise will be imported in 140 centimeter widths.

The applicable subheading for sample no. 1, identified as style Balloon, will be 5516.23.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely
with man-made filaments, of yarns of different colors, other. The rate of duty will be 17% percent ad valorem.

The applicable subheading for sample no. 2, identified as style Jazz and sample no. 4, identified as style Juliat, will be 5515.12.0090, HTS, which provides for woven fabrics of synthetic staple fibers, of polyester 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, identified as style Brocade, will be 5407.93.2090, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics of yarns of different colors, other, other,other, other. The rate of duty will be 17 percent ad valorem.

Each of the four samples fall within textile category designation 629. Based upon international textile trade agreements, products of Thailand are subject to quota restrictions and 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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