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NY A85756




July 19, 1996

CLA-2-52:RR:NC:TP:352 A85756

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020

Mr. Sherman Pollack
Arc-Com Fabrics
33 Ramland South
Orangeburg, New York 10962

RE: The tariff classification of cotton/polyester blend jacquard woven upholstery fabric from Belgium.

Dear Mr. Pollack:

In your letter dated July 12, 1996 you requested a tariff classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style Cornucopia 115/F212, is a jacquard woven fabric composed of 61% cotton and 39% staple polyester. This product is constructed using yarns of different colors and is characterized by a woven floral motif. Weighing 555 g/m2, this fabric will be imported in 140 centimeter widths. Style Free Spirit 116/F389 is a jacquard woven fabric composed of 60% cotton and 40% staple polyester. This product is manufactured using yarns of different colors and features an intricate woven design. This fabric weighs 535 g/m2 and will be imported in 140 centimeter widths. Your correspondence indicates that both of these fabrics are used as upholstery fabrics and display abrasion resistance consistent with heavy duty upholstery fabrics.

The applicable subheading for both woven fabrics 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 g/m2, of yarns of different colors, other fabrics, jacquard woven. The rate of duty will be 9.4 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-466-5896.

Sincerely,

Roger J. Silvestri
Director

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