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NY C88532

June 8, 1998

CLA-2-58:RR:NC:TA:351 C88532


TARIFF NO.: 5801.25.0010

Ms. Margaret Radosti
3010 Westchester Avenue
Purchase, NY 10577

RE: The tariff classification of a velvet fabric from Holland.

Dear Ms. Radosti:

In your letter dated May 14, 1998, and subsequent submissions received June 2, 1998, you requested a tariff classification ruling.

The representative sample submitted, identified in your letter as Bonnard Velvet, LFY 14696F, is a material of woven warp pile construction. The fiber content of the pile yarns is given as 50% cotton/50% mohair fibers. Your letter indicates that this material will be imported in 56 inch widths and weighs 693 g/m2.

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 percent ad valorem.

Where a textile product is made from blended fiber fabric, Subheading Notes 2(A) and 2(B), Section XI, HTSUSA, require that product to be classified according to the textile material which predominates by weight over each other textile material. However, if the product is exactly 50 percent cotton, 50 percent man-made fibers, no single material predominates and the goods are classifiable according to General Rule of Interpretation 3(c), HTSUSA, which requires classification under the subheading which last appears in numerical order. If the imported merchandise is sent to a Customs laboratory for analysis, it will be classified as either "of cotton" or "of wool or fine animal hair", whichever material is found to predominate by weight.

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 Camille Ferraro 212-466-5885


Robert B. Swierupski

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