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NY G87190




February 14, 2001

CLA-2-54:RR:NC:TA:352 G87190

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.53.2060

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

RE: The tariff classification of 100% textured filament polyester jacquard woven fabric from Italy.

Dear Mr. Pollack:

In your letter dated February 2, 2000 you requested a tariff classification ruling.

The submitted sample, designated as Style Malabar (Number 30/924/v), is a jacquard woven fabric composed of 100% textured filament polyester. It contains 68 warp ends per centimeter and 36 filling picks per centimeter and is constructed using yarns of different colors. This fabric has been manufactured using 167 denier polyester filament yarns in the warp and 334 denier filament polyester yarns in the filling. Weighing approximately 350 g/m2, this product will be imported in 135 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric

The applicable subheading for the jacquard woven fabric will be 5407.53.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of textured polyester filaments, of yarns of different colors, other, weighing more than 170 g/m2. The rate of duty will be 13.5 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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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