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NY 893793





January 24, 1994

CLA-2-52:S:N:N6:352 893793

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020

Mr. Vito A. Pipitone
John F. Kilroy Co., Inc.
One World Trade Center, Suite 1569
New York, NY 10048

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

Dear Mr. Pipitone:

In your letter dated January 7, 1994, on behalf of your client Ametex Fabrics, Inc., you requested a classification ruling.

You have submitted a sample of jacquard woven fabric that is identified as Quality Name 1000. It is composed of 62% cotton and 38% staple polyester. This merchandise is constructed using yarns of different colors. The fabric weighs 255 g/m2 and will be imported in 137 centimeter widths.

The applicable subheading for the woven fabric identified as Quality Name 1000, 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 duty rate will be 9.7 percent ad valorem.

This textile product falls within textile category designation 220. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restrictions.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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