CLA-2-51:RR:NC:TA:352 L83747

Ms. Louise Cramp
Instyle Contract Textiles
P.O. Box 6160
Alexandria, NSW 2015, Australia

RE: The tariff classification of worsted wool/nylon blend woven upholstery fabric from Australia.

Dear Ms. Cramp:

In your letter dated March 24, 2005 you requested a tariff classification ruling.

The submitted sample, designated as style “Happening”, is a woven upholstery fabric composed of 95% worsted wool and 5% nylon. It is characterized by a complex weave featuring groups of warp yarns woven as one. The fabric is constructed using yarns of different colors Weighing 345 g/m2, this product will be imported in 137 centimeter widths. The abrasion resistance for this fabric using the Wyzenbeek method modified by the substitution of a #10 cotton duck as the abradant exceeded 35,000 double rubs. While the modified standard is somewhat murky, the fabric is at least suitable for medium duty upholstery use. Your correspondence indicates that this item is marketed to architecture firms and furniture manufacturers for use as upholstery fabric.

The applicable subheading for the woven fabric designated as style “Happening” will be 5112.19.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of combed wool or combed 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division