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NY 893160




January 7, 1994

CLA-2-52:S:N:N6:352 893160

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020

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

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

Dear Mr. Pollack:

In your letter dated December 9, 1993, you requested a tariff classification ruling.

You have submitted two samples of jacquard woven upholstery fabric, identified as Pattern Medici and Pattern Acanthus. They are constructed with yarns of different colors. Both samples are composed of 58% cotton and 42% staple polyester. Based on the information provided, each fabric weighs 338 g/m2 and will be imported in 140 centimeter widths. Laboratory analysis of the abrasion resistance of Pattern Medici, indicates that there was no noticeable wear after 57,000 double rubs with a #10 cotton duck abradant. Laboratory analysis of the abrasion resistance of Pattern Acanthus, revealed 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 Medici and Pattern Acanthus, 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 9.7 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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