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NY J87346




July 22, 2003

CLA-2-58:RR:NC:TA:352 J87346

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.35.0010

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

RE: The tariff classification of dyed 100% polyester woven fabric of warp pile construction from Germany.

Dear Mr. Pollack:

In your letter dated July 3, 2003 you requested a tariff classification ruling.

The submitted sample, designated as style DF Lea, is a dyed woven fabric of warp pile construction. This velvet cut pile fabric is composed of 100% polyester. Weighing 520 g/m2, this product will be imported in 140 centimeter widths. Your correspondence indicates that this item is designed and will be marketed as an upholstery fabric.

The applicable subheading for the fabric designated as style DF Lea will be 5801.35.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, warp pile fabrics, cut, over 371 grams per square meter. The rate of duty will be 17.4 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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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