NY 851300

MAY 08 1990


CLA-2-52:S:N:N3H:352 851300

Ms. Bonnie Mosbrucker
Krueger International
1330 Bellevue Street, P.O. Box 8100
Green Bay, WI 54308-8100

RE: The tariff classification of a woven cotton upholstery fabric from West Germany.

Dear Ms. Mosbrucker:

In your letter dated April 6, 1990, you requested a tariff classification ruling. The submitted sample, identified as style 7587 Songkran, is a complex woven fabric composed of 100% carded cotton. It is constructed using 83/2 c.c. yarns of different colors in both the warp and the filling. The fabric contains 65 single threads per centimeter in the warp and 33 single threads per centimeter in the filling. Weighing 269 g/m2, the fabric will be imported in 130 centimeter widths. As stated in your letter, the fabric will be used for upholstery purposes. Included with your correspondence were test results for abrasion resistance, flammability and colorfastness.

The applicable subheading for the style no. 7587 fabric will be 5209.49.0090, 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 g/m2, of yarns of different colors, other fabrics, other. The rate of duty will be 8.9 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