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NY C81895




December 18, 1997

CLA-2-58:RR:NC:TA:351 C81895

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.25.0010

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

RE: The tariff classification of a jacquard velvet upholstery fabric, from Germany.

Dear Mr. Pollack:

In your letter dated November 14, 1997, you requested a tariff classification ruling. The supplier is Rohleder, GmbH, Germany.

The representative sample submitted, identified in your letter as Double Exposure, Mill Reference #69633/60, is a material of woven warp pile construction. Specifically, the fabric is a striped material with parallel alternating runs of a one centimeter wide area of pile yarns (black) with repeat flat woven runs of colored yarns. The stripes of the colored yarn are seven millimeters wide. The fiber content of the pile yarns is given as 52% cotton/48% polyester man-made fibers. Your letter indicates that this material will be imported in 140 cm widths and weighs 622 g/m2.

We concur with your contention that this velvet material is classifiable in subheading 5801.25.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics, ..., of cotton, warp pile fabrics, cut, over 271 grams per square meter. The rate of duty will be 20.2 percent ad valorem. Effective January 1, 1998, the rate will be 20 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 George Barth at 212-466-5884

Sincerely,

Robert B. Swierupski
Director,

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