CLA-2-52:S:N:N6: 352 805561
Mr. Sherman Pollack
Arc-Com Fabrics, Inc.
33 Ramland South
Orangeburg, NY 10962
RE: The tariff classification of woven upholstery fabric from
Belgium.
Dear Mr. Pollack:
In your letter dated December 23, 1994, you requested a
tariff classification ruling.
The submitted sample of jacquard woven fabric is identified
as style Phoenix, no. 12190. It is constructed with yarns of
different colors. The fabric is composed of 100% cotton and
weighs 410 grams per square meter. This fabric will be imported
in 137 centimeter widths. Laboratory analysis of the abrasion
resistance of this fabric indicates that there was no noticeable
wear on the warp or filling yarns after 43,000 double rubs with a
#10 cotton duck abradant. Flammability tests confirm that this
fabric complies under the Federal Flammable Act.
The applicable subheading for the jacquard woven fabric
identified as Phoenix, style no. 12190, will be 5209.49.0020,
Harmonized Tariff Schedule of the United States (HTS), which
provides for woven fabrics of cotton, containing 85 percent or
more by weight of cotton, weighing more than 200 grams per square
meter, of yarns of different colors, other fabrics, jacquard
woven, of a width exceeding 127 centimeters. The rate of duty
will be 8.8 percent ad valorem.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport