CLA-2-51:S:N:N3H:352 878855

Ms. Amy M. Wallace
Krueger International, Inc.
P. O. Box 8100
Green Bay, WI 54308-8100

RE: The tariff classification of woven upholstery fabric from Switzerland.

Dear Ms. Wallace:

In your letter dated dated September 24, 1992, you requested a tariff classification ruling.

You have submitted a sample of woven fabric identified as style #99846. The merchandise is composed of 52% worsted wool, 35% staple polyester and 13% ramie. This product is characterized by a textured surface produced by a complex weave and is dyed a single uniform color. It weighs 385 g/m2 and will be imported in approximately 137 centimeter widths. Laboratory analysis of the abrasion resistance of this fabric indicates that there was very slight noticeable wear on the warp or filling yarns after 50,000 double rubs using a #10 cotton duck abradant. Based on the physical characteristics and the channels of trade in which this item moves, this fabric is of a class or kind principally used as upholstery fabric.

The applicable subheading for the upholstery fabric will be 5112.30.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of combed wool or of combed fine animal hair, other, mixed mainly or solely with man- made staple fibers, tapestry fabrics and upholstery fabrics of a weight exceeding 300 g/m2. The rate of duty will be 7 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