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NY B83276




March 20, 1997

CLA-2-52:RR:NC:TA:352 B83276

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020

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

RE: The tariff classification of cotton/polyester blend jacquard woven fabrics from Germany.

Dear Mr. Pollack:

In your letter dated February 27, 1997 you requested a tariff classification ruling.

Three samples of jacquard woven fabric accompanied your request for a ruling. The first, designated as style Piccadilly (reference 33866/03), is composed of 59% cotton and 41% polyester. This item is constructed with yarns of different colors. The fabric is characterized by a complex jacquard woven pattern featuring a motif which includes fruit, flowers and foliage. Weighing 470 g/m2, it will be imported in 140 centimeter widths. Your correspondence indicates that this item is used as an upholstery fabric and shows no noticeable wear after 52,000 double rubs using the Wyzenbeek method for abrasion resistance testing.

Style Hyde Park (reference 33867/03) is a jacquard woven fabric featuring an intricate woven design featuring fruits and foliage. It is manufactured with yarns of different colors and is composed of 60% cotton and 40% polyester. Weighing 470 g/m2, this product will be imported in 140 centimeter widths. This item is designed for use as an upholstery fabric. The fabric is characterized by superior resistance to abrasion and displays no noticeable wear after 52,000 double rubs using the Wyzenbeek method of testing.

Style Continuum (reference 11553 New Tweed) is a jacquard woven fabric featuring an intricately woven ribbed stripe. It is manufactured with yarns of different colors and is composed of 79% cotton and 21% polyester. Weighing 457 g/m2, this product will be imported in 140 centimeter widths. This item is designed for use as an upholstery fabric. The fabric is characterized by moderately high resistance to abrasion and displays no noticeable wear after 39,000 double rubs using the Wyzenbeek method of testing.

The applicable subheading for all three jacquard woven fabrics 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 9.2 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,

Paul K. Schwartz
Chief, Textile and Apparel Branch

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