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NY 889032




August 23, 1993

CLA-2-51:S:N:N6:352 889032

CATEGORY: CLASSIFICATION

TARIFF NO.: 5112.19.2000

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

RE: The tariff classification of two samples of woven upholstery fabric from England.

Dear Mr. Pollack:

In your letter dated August 2, 1993, you requested a tariff classification ruling.

The submitted samples are identified as style no. 1319, Forest Path, and style no. 1320, Fields of Texture. Both of the samples are composed of 100% combed wool. Style no. 1319, Forest Path is dobby woven with yarns of different colors. Weighing 370 g/m2, it will be imported in 135 centimeter widths. Laboratory analysis of the abrasion resistance to the fabric indicates that there was no noticeable wear on the warp or filling yarns after 60,000 double rubs with a #10 cotton duck abradant. Flammability tests confirm that this fabric has been rated as a Class 1 material under the Federal Flammable Fabrics Act.

Style no. 1320, Fields of Texture is jacquard woven with yarns of different colors. Laboratory analysis of the abrasion resistance to the fabric indicates that there was no noticeable wear on the warp or filling yarns after 60,000 double rubs with a #10 cotton duck abradant. Flammability tests confirm that this fabric has been rated as a Class 1 material under the Federal Flammable Fabrics Act. This merchandise weighs 385 g/m2 and it will be imported in 140 centimeter widths.

The applicable subheading for style no. 1319, Forest Path, and style no. 1320, Fields of Texture will be 5112.19.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of combed wool or of combed fine animal hair, containing 85 percent or more by weight of wool or of fine animal hair, other, tapestry fabrics and upholstery fabrics of a weight exceeding 300 g/m2. The rate of duty will be 7 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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