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NY 893161




January 12, 1994

CLA-2-52:S:N:N6:352 893161

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 Germany.

Dear Mr. Pollack:

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

The submitted samples of jacquard woven fabric are identified as Still Life, style #F3.1661 and Water Garden, style #F3.1535. Both samples are constructed with yarns of different colors. Still Life, style F3.1661, is composed of 68% cotton and 32% staple polyester. It weighs 665 g/m2 and will be imported in 140 centimeter widths. Laboratory analysis of the abrasion resistance of the fabric indicates that there was no noticeable wear after 60,000 double rubs with a #10 cotton duck abradant. Flammability tests confirm that this fabric is rated as a Class 1 material under the Federal Flammable Act.

Water Garden, style #F3.1535, is jacquard woven with yarns of different colors. It is composed of 55% cotton and 45% staple polyester. This textile product weighs 492 g/m2 and will be imported in 140 centimeter widths. Laboratory analysis of the abrasion resistance of this fabric reveals that there was no noticeable wear after 60,000 double rubs with a #10 cotton duck abradant. Flammability tests confirm that this fabric is rated as a Class 1 material under the Federal Flammable Act.

The applicable subheading for Still Life, style #F3.1661 and Water Garden, style #F3.1535, 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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