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NY 812315




July 12, 1995

CLA-2-58:S:N:N6:351 812315

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.90.1000

Ms. Karen Tokar
Jack Lenor Larsen
41 East 11th Street
New York, NY 10003-4685

RE: The tariff classification of woven pile upholstery fabric from Italy.

Dear Ms. Tokar:

In your letter dated June 26, 1995, you requested a classification ruling.
You have submitted a sample swatch of upholstery fabric, pattern "Interlude" -- number 9497/02. The fabric's pile face is made of 100% linen, and its woven ground is made of 57% cotton/43% linen. In a phone conversation with National Import Specialist Assistant Donald Corrigan on July 7, 1995, you stated that the fabric is of woven cut weft pile construction, its weight is 418 grams per square meter, the acrylic coating on the back is applied after importation and the country of origin is Italy. The fabric, which measures 54 inches in width, will be imported in the piece.

The applicable subheading for the "Interlude" fabric will be 5801.90.1000,
Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806; of other textile materials; of vegetable fibers, except cotton. The duty rate will be 4.2 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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