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NY B83777




April 3, 1997

CLA-2-52:RR:NC:TA:352 B83777

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.39.0090

Mr. Bernard F. Liberati (Sr.)
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA 19106

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

Dear Mr. Liberati:

In your letter dated March 24, 1997, on behalf of your client Rich International, Inc., you requested a classification ruling.

The submitted sample, designated as style 96018, is a dyed jacquard woven fabric composed of 55% cotton and 45% staple polyester. It contains 35.4 warp ends per centimeter and 15.7 filling picks per centimeter. Weighing 240 g/m2, this fabric will be imported in 142 centimeter widths. Your correspondence indicates that this product will be used as an upholstery fabric.

The applicable subheading for the jacquard woven fabric will be 5211.39.0090, 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, dyed, other fabrics, other. The duty rate will be 9.2 percent ad valorem.

This fabric falls within textile category designation 220. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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