CLA-2-51:S:N:N6:352 883804
Mr. Bobby J. Burgin
Sugo Corporation
214 N. Davis Street
Sulphur Springs, TX 75482
RE: The tariff classification of wool/nylon woven fabric from
Mexico.
Dear Mr. Burgin:
In your letter dated March 12, 1993, you requested a tariff
classification ruling.
You have submitted two samples of fabric. Based on the
information provided, the first sample, identified as fabric #1,
is composed of 95% carded wool and 5% staple nylon. This twill
woven textile product weighs 610 g/m2 and it will be imported in
157 centimeter widths. This fabric will be used to cover
billiard, pool and gaming tables.
The second sample, identified as fabric #2, is a composite
fabric consisting of a twill woven face fabric composed of 95%
carded wool and 5% staple nylon. The face fabric has been fused
to a plain woven backing fabric that is composed of 80% staple
polyester and 20% cotton. Weighing approximately 710 g/m2, this
composite fabric will be imported in 157 centimeter widths.
Section XI, General Explanatory Note (A) states that when
classifying products consisting of two or more textile fabrics of
different composition assembled in layers by sewing, gumming,
etc., classification is determined in accordance with
Interpretive Rule 3. Rule 3 (b) states in part that:
(b) mixtures, composite goods consisting of different
materials or made up of different components
........., shall be classified as if they consisted
of the material or component which gives them their
essential character.
In reference to fabric #2 which consists of a wool blend
fabric that has been fused with a woven backing textile fabric of
a different composition, classification is based on the
application of Interpretive Rule 3. Your correspondence
indicates that this product will be used for the purpose of
covering pool tables, billiard tables and gaming tables.
Therefore, based on the quantity, value and use of this composite
good, the wool face fabric has
been determined to provide the essential character of this item.
Consequently, the classification of this product is predicated on
the composition of the wool blend face fabric without regard to
the woven backing fabric.
The applicable subheading for fabric #1 and fabric #2 will
be 5111.19.1000, Harmonized Tariff Schedule of the United States
(HTS), which
provides for woven fabrics of carded wool or of carded fine
animal hair, containing 85 percent or more by weight of wool or
of fine animal hair, other, tapestry fabrics and upholstery
fabrics. The rate of duty will be 7 percent ad valorem.
Both samples of woven fabric fall within textile category
designation 414. Based upon international textile trade
agreements, products of Mexico are subject to 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