CLA-2-51:RR:NC:TA:352 L85869

Ms. Louise Cramp
Instyle Contract Textiles
P.O. Box 6160
Alexandria, NSW 2015, Australia

RE: The tariff classification of worsted wool/polyester blend woven upholstery fabric from Australia.

Dear Ms. Cramp:

In your letter dated June 16, 2005 you requested a tariff classification ruling.

The submitted sample, designated as style “RISQUE”, is a jacquard woven upholstery fabric composed of 60% worsted wool and 40% staple polyester. It is characterized by a complex woven design featuring a series of squiggles arranged in rows. The fabric has been constructed using yarns of different colors. It is manufactured using 30/2 Ne yarns in the warp and 18/2 Nm yarns in the filling. Weighing 410 g/m2, this product will be imported in 137 centimeter widths. The abrasion resistance for this fabric using the Wyzenbeek method modified by the substitution of a #10 cotton duck as the abradant exceeded 50,000 double rubs. While the modified standard is somewhat imprecise, the fabric is suitable for at least medium duty upholstery use. Your correspondence indicates that this item is marketed to architecture firms and furniture manufacturers for use as upholstery fabric.

The applicable subheading for the woven fabric designated as style “RISQUE” 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 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,
National Commodity
Specialist Division