CLA-2 CO:R:C:G 084267 DSN
Miss B.A. Procter
Third Secretary, Trade Policy
British Embassy
3100 Massachusetts Avenue, N.W.
Washington, D.C. 20008
RE: Classification of fabric
Dear Miss Procter:
This ruling letter is in reference to your inquiry of March
22, 1989, on behalf of Firth Furnishings, Ltd., regarding the
classification of fabric upholstery for buses under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). Two samples produced in Great Britain were submitted
for examination.
FACTS:
The fabric upholstery at issue is designed for use in buses
and coaches. Both style numbers 5852 and 5620 are pile fabrics
composed of 50 percent wool, 33 percent cellulosic, 9 percent
polyamide and 8 percent acrylic. This translates to a 50-50
blend of wool and man-made fibers.
ISSUE:
Whether the samples at issue are classified under heading
5112, HTSUSA, or heading 5801, HTSUSA.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification is determined
according to the terms of the headings and any relevant section
or chapter notes.
-2-
Heading 5112, HTSUSA, provides for woven fabrics of combed
wool or of combed fine animal hair. Since the samples at issue
are pile fabrics they cannot be classified in the above heading.
Heading 5801, HTSUSA, provides for woven pile fabrics and
chenille fabrics, other than fabrics of heading 5802 or 5806.
Since the terms of the heading provide for woven pile fabrics,
the samples at issue are classified under this heading.
HOLDING:
The samples at issue are classified by the actual fiber
content at entry. If in chief weight of wool, classification
would be under subheading 5801.10.0000, HTSUSA, which provides
for woven pile fabrics and chenille fabrics, other than fabrics
of heading 5802 or 5806, of wool or fine animal hair, textile
category 414, and dutiable at the rate of 5.4 percent.
We are unable to determine from the samples provided what
the classification would be if the merchandise was in chief
weight of man-made fibers at the time of entry. Without samples
having a selvage edge and a weight breakout we cannot determine
whether they are weft pile fabrics or warp pile fabrics.
Due to the changeable nature of the statistical annotation
and the restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division