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NY K86904




October 25, 2004

CLA-2-51:RR:NC:TA:352 K86904

CATEGORY: CLASSIFICATION

TARIFF NO.: 5111.19.1000

Mr. Lynden Davis
Excel Global logistics Inc.
230-39 International Airport Center Boulevard Suite 1000
Jamaica, NY 11413

RE: The tariff classification of two woven 100% carded wool upholstery fabrics from Turkey.

Dear Mr. Davis:

In your letter dated June 7, 2004, on behalf of your client Penelope USA LLC, you requested a tariff classification ruling.

Two samples of woven fabric accompanied your request for a ruling, The first, designated as Style Camlica # 400202-01A, is a dobby woven fabric composed of 100% carded wool. It contains 16 single yarns per centimeter in the warp and 15 single yarns per centimeter in the filling. This product has been constructed using yarns of different colors and is characterized by a complex weave. Weighing 376.2 g/m2, this product will be imported in 140 centimeter widths. Laboratory analysis indicates that this fabric meets the abrasion resistance criteria for light duty upholstery fabric as specified in ASTM D 3597-92. Your correspondence indicates that this item will be marketed as upholstery fabric to the office furniture industry.

Style Camlica # 314402-01A, is a dobby woven fabric composed of 100% carded wool. It contains 16 single yarns per centimeter in the warp and 15 single yarns per centimeter in the filling. This product has been constructed using yarns of different colors and is characterized by a complex weave and features black and white stripes. Weighing 351.5 g/m2, this product will be imported in 140 centimeter widths. Laboratory analysis indicates that this fabric meets the abrasion resistance criteria for light duty upholstery fabric as specified in ASTM D 3597-92. Your correspondence indicates that this item will be marketed as upholstery fabric to the office furniture industry.

The applicable subheading for both the woven upholstery fabrics will be 5111.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of carded wool or of carded fine animal hair, containing 85 percent or more by weight of wool or of fine animal hair, other, tapestry fabrics and upholstery fabrics. The rate of duty will be 7 percent ad valorem.

Goods classifiable in subheading 5111.19.1000, HTS, which are the products of Turkey are not subject to either quota restraints or visa requirements at this time.

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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