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NY 810526




June 15, 1995

CLA-2-54:S:N:N6:352 810526

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.20.0000

Mr. John Walsh
F. C. Gerlach & Co., Inc.
290 Central Avenue, Suite 105
Lawrence, NY 11559

RE: The tariff classification of polypropylene woven upholstery fabric from France.

Dear Mr. Walsh:

In your letter dated May 17, 1995, on behalf of your client F. Schumacher & Co., you requested a tariff classification ruling.

You have submitted a sample of woven upholstery fabric that is identified as design #20264. It is composed of 71 percent polypropylene strip with an apparent width of 2 millimeters (mm) and 29 percent staple acrylic. The fabric has a knit backing that is composed of 100 percent polyamide. The two fabrics, the woven face fabric and the knit backing, are assembled by gluing them together. The woven fabric gives this composite goods its essential character. This fabric is constructed using 2/20 n.m. yarns in the warp and 4000 denier yarns in the filling. The product is dobby woven with yarns of different colors. Weighing 290 grams per square meter, it will be imported in 150 centimeter widths. Your correspondence indicates that this merchandise will be imported for sale as upholstery fabric.

The applicable subheading for the woven upholstery fabric identified as design #20264, will be 5407.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarns, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from strip or the like. The rate of duty will be 15.3 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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