The tariff classification of 65% polyester/35% cotton jacquard woven upholstery fabric from Germany.

NY A88521 October 22, 1996 CLA-2-55:RR:NC:TA:352 A88521 CATEGORY: Classification TARIFF NO.: 5514.33.0010 Mr. Sherman Pollack Arc-Com Fabrics 33 Ramland South Orangeburg, NY 10962 RE: The tariff classification of 65% polyester/35% cotton 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 Serendipity (mill reference Chantal 63.125), is a jacquard woven fabric composed of 65% staple polyester and 35% cotton. It is constructed using yarns of different colors and features a complex woven design which incorporates a combination of a floral motif and a geometric design. Weighing 310 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 5514.33.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight exceeding 170 g/m2, of yarns of different colors, other woven fabrics of polyester staple fibers, jacquard weave. 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. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division