CLA-2-55:S:N:N6:352 880297

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 Germany.

Dear Ms. Wallace:

In your letter dated November 5, 1992, you requested a tariff classification ruling.

You have submitted a sample of woven fabric identified as style #9365. It is composed of 82% staple rayon and 18% cotton. This product is dobby woven with yarns of different colors. The fabric weighs 403 g/m2 and it will be imported in 137 centimeter widths. Laboratory analysis of the abrasion resistance of this fabric indicates that there was very slight noticeable wear on the warp and filling yarns after 50,000 double rubs using a #10 cotton duck abradant.

The applicable subheading for style #9365 will be 5516.43.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with cotton, of yarns of different colors, other, of a width exceeding 127 centimeters. The rate of duty will be 17 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