NY 850941
APR 13 1990
CLA-2-51:S:N:N3H:352 850941
Mr. Robert Bellows
Alternative Brokers Int'l., Inc.
177-15 149th Road
Jamaica, New York 11434
RE: The tariff classification of woven wool upholstery fabric
from Brazil.
Dear Mr. Bellows:
In your letter dated March 27, 1990 on behalf of your client
D.G. Diehl, Inc., you requested a classification ruling.
The submitted sample, style no. 152602, is a twill woven
plaid fabric. It is composed of 100% worsted wool. The fabric
is constructed 2-ply yarns in the warp and in the filling.
Weighing 339 g/m2, the fabric will be imported in 138 centimeter
widths. You state in your letter that the fabric has been
treated for moth proofing. Also submitted with your letter are
test results for the subject fabric. The flammability test
results indicate that the fabric demonstrates normal flammability
and is rated a class 1 fabric. In addition, the fabric
demonstrates no noticeable wear at 50,000 double rubs when tested
with a #10 cotton duck abrasive. A list of their customers in
the U. S. reveals that all of their sales are to firms in the
upholstery trade.
The applicable subheading for the style 152602 will be
5112.19.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for woven fabrics of combed wool or of
combed fine animal hair, containing 85 percent or more by weight
of wool or fine animal hair, other, tapestry fabrics and
upholstery fabrics. The duty rate will be 7 percent ad valorem.
The subject fabric falls within textile category designation
414. Based upon international textile trade agreements, products
of Brazil are subject to quota restraints and visa requirements.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the
Status Report on Current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service, which is available
for inspection at your local Customs office.
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