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NY A89975




December 9, 1996

CLA-2-52:RR:NC:TA:352 A89975

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020

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

RE: The tariff classification of a cotton/polyester blend jacquard woven upholstery fabric from Austria.

Dear Mr. Pollack:

In your letter dated November 26, 1996 you requested a tariff classification ruling.

The submitted sample, designated as style Deep Forest M2721, is a jacquard woven fabric composed of 51% cotton and 49% staple polyester. It is manufactured with yarns of different colors and is characterized by an intricate woven design. Weighing 420 g/m2, this product will be imported in 140 centimeter widths. Your correspondence indicates that this fabric will be used in the upholstery trade and has shown no noticeable wear after 60,000 double rubs in abrasion tests using the Wyzenbeek method.

The applicable subheading for this jacquard woven fabric 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 9.4 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-466-5896.

Sincerely,

Roger J. Silvestri
Director

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