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NY 805562




January 18, 1995

CLA-2-52:S:N:N6: 352 805562

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020

Mr. Sherman Pollack
Arc-Com Fabrics, Inc.
33 Ramland South
Orangeburg, NY 10962

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

Dear Mr. Pollack:

In your letter dated December 23, 1994, you requested a tariff classification ruling.

The submitted sample of jacquard woven fabric is identified as style Palace Gate, no. M 2312-64G7. It is constructed with yarns of different colors. The fabric is composed of 52% cotton and 48% rayon. Weighing 320 grams per square meter, this fabric will be imported in 142 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 60,000 double rubs with a #10 cotton duck abradant. Flammability tests confirm that this fabric complies under the Federal Flammable Act.

The applicable subheading for the jacquard woven fabric identified as Palace Gate, style no. M 2312-64G7, will be 5211.49.0020, Harmonized Tariff Schedule of the United States (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 grams per square meter, of yarns of different colors, other fabrics, jacquard woven. The rate of duty will be 9.5 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
New York Seaport

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