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NY 861923


April 19, 1991

CLA-2-58:S:N:N3H:351 861923

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.10.0000

Mr. Michael Guluzzi
Transair International Corp.
Building 89, JFK Airport
Jamaica, NY 11430

RE: The tariff classification of a burnt-out lace embroidered motif from Haiti.

Dear Mr. Guluzzi:

In your letter dated March 28, 1991, on behalf of Royalcraft Trimming Corp., you requested a tariff classification ruling.

You have submitted a sample of an embroidered motif which will be imported as style no. Tl, which is made of man-made fibers, or as style no. Cl, which is made of cotton fibers. Style no. Tl or Cl is a burnt-out lace motif with no beads sewn on to the embroidery. In this motif, a chemical was used to burn out or dissolve away the ground fabric which is no longer visible. The sample measures approximately 8 1/2 inches in length, and it is an S-shaped applique with flower and leaf patterns. The merchandise will be used in the United States to decorate or embellish the appearance of finished women's blouses, dresses, or other garments.

The applicable subheading for the burnt-out lace appliques, style nos. Tl and Cl, will be 5810.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs, embroidery without visible ground. The rate of duty will be 16 percent ad valorem.

In your letter, you inquired about whether these Haitian products will be entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) or the Generalized System of Preferences (GSP). Articles classifiable under subheading 5810.10.0000, HTS, are not on the GSP list; they are eligible for CBERA treatment, except for certain textile articles, including those made of cotton or man-made fibers. Therefore, style nos. Tl and Cl will not be eligible for CBERA treatment.

The embroidered motif falls within textile category designation 229. Based upon international textile trade agreements, products of Haiti are subject to the requirement of a visa.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs Office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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