CLA-2-52:S:N:N3H:352 870375

Mr. Sherman Pollack
Arc-Com Fabrics, Inc.
33 Ramland South
Orangeburg, NY 10962

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

Dear Mr. Pollack:

In your letter dated December 12, 1991, you requested a tariff classification ruling.

You have submitted two samples of jacquard woven fabric. Sample no. 1, is identified as Vineyard, style no. 9121. The merchandise is composed of 56% cotton, 31% staple polyester and 13% staple rayon. It is constructed with yarns of different colors and weighs 623 g/m2. This product will be imported in 140 centimeter widths. Laboratory analysis of the abrasion resistance of this fabric indicates that there was no noticeable wear on either the warp or filling yarns after 60,000 rubs using a #10 cotton duck abradant. This result is consistent with abrasion resistance for medium to heavy duty upholstery fabric. Flammability tests confirm that this fabric is rated as a Class 1 material under the Federal Flammable Fabrics Act. This product will be used as an upholstery fabric.

Sample no. 2, identified as Cadena Cafe, style no. 9220, is jacquard woven. The merchandise is composed of 65% cotton and 35% staple polyester. This product is constructed with yarns of different colors and weighs 613 g/m2. It will be imported in 140 centimeter widths. Laboratory analysis of the abrasion resistance of this fabric indicates that there was no noticeable wear on either the warp or filling yarns after 60,000 rubs using a #10 cotton duck abradant. This result is consistent with abrasion resistance for medium to heavy duty upholstery fabric. The flammability tests confirm that this fabric is rated as a Class 1 material under the Federal Flammable Fabrics Act. This fabric will be used as an upholstery fabric.

The applicable subheading for both samples of jacquard woven upholstery fabric will be 5211.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven. The rate of duty will be 9.7 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