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NY 801653




September 14, 1994

CLA-2-51:S:N:N6:352 801653

CATEGORY: CLASSIFICATION

TARIFF NO.: 5112.19.2000

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

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

Dear Mr. Pollack:

In your letter dated August 26, 1994, you requested a tariff classification ruling.

You have submitted two samples of jacquard woven upholstery fabric, identified as Pattern Sorrento, style no. 1619 and Pattern Positano, style no. 1622. They are constructed with yarns of different colors. Both samples are composed of 100% combed wool. Based on the information provided, each fabric weighs 346 g/m2 and will be imported in 140 centimeter widths. Laboratory analysis of the abrasion resistance of Pattern Sorrento and Pattern Positano indicates that there was no noticeable wear after 60,000 double rubs with a #10 cotton duck abradant. Flammability tests confirm that these fabrics are rated as Class 1 material under the Federal Flammable Act.

The applicable subheading for Pattern Sorrento, style no. 1619 and Pattern Positano, style no. 1622, will be 5112.19.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of of combed wool or of combed fine animal hair, containing 85 percent or more by weight of wool or of fine animal hair, other, tapestry fabrics and upholstery fabrics of a weight exceeding 300 g/m2. The rate of duty will be 7 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

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