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NY C82990





January 12, 1998

CLA-2-52:RR:NC:TA:352 C82990

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020

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

RE: The tariff classification of jacquard woven upholstery fabric from Italy.

Dear Mr. Pollack:

In your letter dated December 19, 1997 you requested a tariff classification ruling.

Three samples of jacquard woven upholstery fabric accompanied your request for a ruling. The first, identified as style Straight Away (mill ref. Lutetia), is a jacquard woven upholstery fabric composed of 58% cotton and 42% staple polyester. This product is manufactured with yarns of different colors, features a geometric pattern and is characterized by having been double woven. Weighing 486 g/m2, this fabric will be imported in 138 centimeter widths.

Style Perfect Candor (mill ref. Segara), is a jacquard woven upholstery fabric composed of 55% cotton and 45% staple polyester. This product is manufactured with yarns of different colors, features a textured appearance and is characterized by having been double woven. Weighing 451 g/m2, this fabric will be imported in 138 centimeter widths.

Style Fair & Square (mill ref. Yastik), is a jacquard woven upholstery fabric composed of 59% cotton and 41% staple polyester. This product is manufactured with yarns of different colors, features a ribbed pattern and is characterized by having been double woven. Weighing 457 g/m2, this fabric will be imported in 138 centimeter widths.

The applicable subheading for the three jacquard upholstery 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 9.1 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,

Robert B. Swierupski
Director,

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