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HQ 084267

July 21, 1989

CLA-2 CO:R:C:G 084267 DSN


TARIFF NO.: 5801.10.0000,

Miss B.A. Procter
Third Secretary, Trade Policy
British Embassy
3100 Massachusetts Avenue, N.W.
Washington, D.C. 20008

RE: Classification of fabric

Dear Miss Procter:

This ruling letter is in reference to your inquiry of March 22, 1989, on behalf of Firth Furnishings, Ltd., regarding the classification of fabric upholstery for buses under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Two samples produced in Great Britain were submitted for examination.


The fabric upholstery at issue is designed for use in buses and coaches. Both style numbers 5852 and 5620 are pile fabrics composed of 50 percent wool, 33 percent cellulosic, 9 percent polyamide and 8 percent acrylic. This translates to a 50-50 blend of wool and man-made fibers.


Whether the samples at issue are classified under heading 5112, HTSUSA, or heading 5801, HTSUSA.


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relevant section or chapter notes.

Heading 5112, HTSUSA, provides for woven fabrics of combed wool or of combed fine animal hair. Since the samples at issue are pile fabrics they cannot be classified in the above heading.

Heading 5801, HTSUSA, provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806. Since the terms of the heading provide for woven pile fabrics, the samples at issue are classified under this heading.


The samples at issue are classified by the actual fiber content at entry. If in chief weight of wool, classification would be under subheading 5801.10.0000, HTSUSA, which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of wool or fine animal hair, textile category 414, and dutiable at the rate of 5.4 percent.

We are unable to determine from the samples provided what the classification would be if the merchandise was in chief weight of man-made fibers at the time of entry. Without samples having a selvage edge and a weight breakout we cannot determine whether they are weft pile fabrics or warp pile fabrics.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director

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