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NY 808758




April 11, 1995

CLA-2-58:S:N:N6:349 808758

CATEGORY: CLASSIFICATION

TARIFF NO.: 5805.00.4010

Ms. Emily A. Hobin c/o Rosemary Ames
5 Miller Terrace
Mill Valley, CA 94941

RE: The tariff classification of a woven tapestry from Chile.

Dear Ms. Hobin:

In your letter dated March 28, 1995 you requested a tariff classification ruling.

The submitted sample is a woven tapestry. The tapestry is made of 50 percent acrylic and 50 percent wool yarns and measures approximately 57 x 88.5 centimeters exclusive of a 2 centimeter fringe at the end of the warp yarns. It features a pictorial design of an owl, birds and a flower. The design is woven into the tapestry through the use of weft yarns of different colors which do not run the entire width of the tapestry. Please note, that even a slight change in the fiber content may result in a change of classification. The tapestry may be subject to U.S. Customs' laboratory analysis at the time of import and if the yarns are other than a 50 percent wool and 50 percent acrylic blend it may be reclassified by Customs at that time.

The applicable subheading for the tapestry will be 5805.00.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for hand-woven tapestries of the type Gobelins, Flanders, Aubusson, Beauvais and the like, and neddle- worked tapestries (for example, petit point, cross stitch), whether or not made up: other: other... of man-made fibers. The rate of duty will be 7.2 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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