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NY A88523

October 22, 1996

CLA-2-55:RR:NC:TA:352 A88523


TARIFF NO.: 5512.99.0090

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

RE: The tariff classification of 59% polyacrylic/41% polyester jacquard woven upholstery fabric from Germany.

Dear Mr. Pollack:

In your letter dated October 8, 1996 you requested a tariff classification ruling.

The submitted sample, designated as style United Nations (mill reference Schwarzfeld/502213), is a jacquard woven fabric composed of 59% staple polyacrylic and 41% staple polyester. It is constructed using yarns of different colors and features a complex woven design characterized by a complicated geometric pattern. Weighing 334 g/m2, this fabric will be imported in 140 centimeter widths. Your correspondence indicates that these goods have been designed for use as upholstery fabric. Abrasion resistance testing using the Wyzenbeck method indicates no noticeable wear when the fabric is subjected to 60,000 double rubs. This result is consistent with the requirements for heavy duty upholstery fabric.

The applicable subheading for the jacquard woven upholstery fabric will be 5512.99.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, other, other, other, other. The rate of duty will be 16 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 212-466-5896.


Roger J. Silvestri

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