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NY 894979




March 18, 1994

CLA-2-58:S:N:N6:351 894979

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.10.0000

Mr. Joseph Noble
Joseph Noble, Inc.
1350 Manufacturing, Suite 206
Dallas, TX 75207

RE: The tariff classification of three woven pile upholstery fabrics and two woven upholstery fabric from the Netherlands.

Dear Mr. Noble:

In your letter dated February 17, 1994, you requested a tariff classification ruling.

You have submitted five samples of upholstery fabrics as follows: style "Empire", 70% mohair pile fibers/30% Fibranne viscose rayon staple fibers, which are in the ground portion; style "Royal", 70% mohair pile fibers/30% Fibranne viscose rayon staple fibers, which are in the ground portion; style "Damaskus", 70% cotton/30% viscose man-made fiber; style "Malibu", 51% cotton/49% viscose; and style "King", 100% mohair. Styles "Empire", "Royal" and "King" are assumed to be of cut woven warp pile construction; "Damaskus" is of woven construction; and "Malibu" is of woven ottoman or rep construction. The five fabrics range in weight between 435 and 693 grams per square meter. The fabrics will be imported in continuous rolls measuring 54 inches in width.

The applicable subheading for styles "Empire", "Royal" and "King" will be 5801.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of wool or fine animal hair. The duty rate will be 5.4 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the "Damaskus" and "Malibu" fabrics. Your request for a classification ruling should include the information requested on the attached sheet "Information Requirements for the Classification of Woven Cotton Fabrics." We will retain these samples.

2

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

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