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NY 888593





August 16, 1993

CLA-2-58:S:N:N6:352 888593

CATEGORY: CLASSIFICATION

TARIFF NO.: 5803.90.1200

Mr. Allan B. Bouglas
British Replin Limited
Belvidere Mills, P. O. Box 25
AYR, Scotland KA8 8JD

RE: The tariff classification of wool/cotton blend woven fabric from England.

Dear Mr. Bouglas:

In your letter dated July 19, 1993 you requested a tariff classification ruling.

The submitted sample of woven fabric is composed of 63.2% combed wool and 36.8% combed cotton. This textile product is leno woven. Weighing 559 g/m2, it will be imported in widths ranging between 121 and 127 centimeters. Laboratory analysis of the abrasion resistance of this fabric, employing the Martindade test indicates that there was no noticeable wear after 100,000 rubs. The results of the flammability test confirm that this merchandise is flame resistant. Your letter indicates that this fabric will be used to upholster airline seats.

The applicable subheading for this leno woven fabric will be 5803.90.1200, Harmonized Tariff Schedule of the United States (HTS), which provides for gauze, other than narrow fabrics of heading 5806, of other textile materials, of wool or fine animal hair, other. The rate of duty will be 33 percent ad valorem.

In your correspondence you indicate that you wish to apply for a special variation of the duty for this merchandise. The U. S. Customs Service is an administrative agency and has no authority to make changes in or grant any waivers of the provisions of the tariff schedules. If you desire to peruse this matter further, it is suggested that you direct an inquiry to the United States Trade Representative, 600 17th Street, N.W., Washington, D.C. 20506.

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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