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HQ 084279


July 20, 1989

CLA-2 CO:R:C:G 084279 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.91.00

M. Itender P. Singh
MDS Intercontinental Limited
P.O. Box 25957
Los Angeles, CA 90025

RE: Religious emblems. quota;exempt;CITA

Dear M. Singh:

This is in reply to your letter of April 10, 1989, concerning the quota-exempt status of religious emblems, produced in India, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The merchandise at issue consists of a 100 percent cotton emblem, in the shape of a cross, embroidered by hand, using metallized yarn.

ISSUE:

Whether the merchandise is eligible for quota-exempt status under the HTSUSA?

LAW AND ANALYSIS:

Subheading 5810.91.00, HTSUSA, provides for embroidery in the piece, in strips or in motifs, of cotton. The applicable textile category for quota/visa purposes is 229, under which you state you have been unable to obtain a visa.

You state that you have imported these emblems for over forty years in non-quota classifications. You also provided telexes from representatives from India's Ministry of Commerce, which we have no reason to doubt, stating that the embroidered emblems should be considered handicraft items and should be quota exempt.

It is true that prior to the implementation of the HTSUSA, embroidered emblems were classified in non-quota classifications. While the change to the HTSUSA was intended to be, to the extent practicable, quota and duty neutral, it was impossible to avoid some changes when converting from our previously national Tariff Schedule of the United States (TSUS) to the international HTSUSA. Quotas for hand-loomed and folklore products are negotiated by the United States Department of Commerce, Committee for the Implementation of Textile Agreements. Currently, hand- embroidered zari emblems provided for under subheading 5810.91, HTSUSA, are not one of the hand-loomed and folklore products which are quota- exempt, based upon the United States visa agreement with India. As a result, the instant merchandise requires either a visa in category 229, or a visa waiver.

Information about visa waivers can be obtained by writing:

Chairman
Committee for the Implementation of Textile Agreements
U.S. Department of Commerce, Room 3001
Washington, D.C. 20230

HOLDING:

As a result of the foregoing, the instant merchandise is classified under subheading 5810.91.00, HTSUSA, textile category 229, as embroidery in the piece, in strips or in motifs, other embroidery, of cotton. The applicable rate of duty is 8.4 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to import ing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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