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NY 866730


September 13, 1991

CLA-2-58:S:N:N3H:351 866730

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.10.0000; 9802.00.80

Mr. P.A. Johnson
C.H. Powell Company
P.O. Box 270
Greer, S.C. 29652

RE: The tariff classification of embroidered motifs from India.

Dear Mr. Johnson:

In your letter received in our office on September 3, 1991, on behalf of Enkay Fashions, you requested a tariff classification ruling.

You have submitted a sample of an American made burnt-out lace motif, sample "A", and a sample of the same motif which had been exported to India for ornamentation with plastic sequins and imitation pearls sewn on to the fabric by hand, sample "B". The triangular shaped motif measures approximately 7 inches by 3 inches. The American made "lace" is made of 80% rayon and 20% cotton fibers (the core), and it is considered to be an embroidered fabric without visible ground. The ground fabric was removed chemically or burnt-out. The American made burnt-out lace fabrics will be exported to India on rolls (in the piece) and returned after the beading work on rolls, uncut. They will be cut to motif sizes in the United States during the manufacturing of ornamented ladies' dresses.

In your letter, you inquirer as to the applicability of subheading 9802.00.50, Harmonized Tariff Schedule of the United States (HTS). This provision would not apply to yours merchandise; however, subheading 9802.00.80, HTS, which provides for articles assembled abroad..., will be applicable if the requirements of the Customs Regulations are met. An allowance will be made for the value of the supplied American made burnt- out lace if the fabric is returned to the United Stated in the same sizes as sent out or cut to smaller pieces in India only for the convenience of handling. No allowance will be made for the India-made sequins, beads and thread when imported into the United States or for any motifs which have been cut to shape in India.
The applicable subheading for the motifs will be 5810.10.0000, 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.

The ornamented motif falls within textile category designation 229. Based upon international textile trade agreements, products assembled from American made components in India are subject to the requirements of a visa and quota restraints in the same manner as they would apply to other imported merchandise.

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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