HQ 084267: Classification of fabric

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 084267

                                        July 21, 1989


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

          CATEGORY:  Classification

          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.

          FACTS:

                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.

          ISSUE:

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

          LAW AND ANALYSIS:

                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.   











                                         -2-

                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.

          HOLDING:

                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.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division