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NY 893598





January 13, 1994

CLA-2-52:S:N:N6:352 893598

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.49.0020

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

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

Dear Mr. Pollack:

In your letter dated December 29, 1993 you requested a tariff classification ruling.

You have submitted two samples of woven fabric, identified as style no. PO 640, Martha's Vineyard and style no. PO 225, Paradise. Style no. PO 640, Martha's Vineyard is composed of 91% cotton and 9% polypropylene. It is jacquard woven with yarns of different colors and weighs 695 g/m2. This textile product will be imported in 140 centimeter widths. Laboratory analysis of the abrasion resistance of this 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 a Class 1 material under the Federal Flammable Act.

Style no. PO 225, Paradise is composed of 91% cotton and 9% polypropylene. It is jacquard woven with yarns of different colors. This merchandise weighs 695 g/m2 and will be imported in 140 centimeter widths. Laboratory analysis of the abrasion resistance of this fabric indicates that there was no noticeable wear after 53,000 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 style no. PO 640, Martha's Vineyard and style no. PO 225, Paradise, will be 5209.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven, of a width exceeding 127 centimeters. The rate of duty will be 8.9 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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