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NY 883740



MAR 17 1993

CLA-2-58:S:N:N6:350 883740

CATEGORY: CLASSIFICATION

TARIFF NO.: 5808.90.0010; 5808.90.0090;
5810.92.0040

Mr. Taher H. Hotelwala
235 Carmelita Place
Fremont, CA 94539

RE: The tariff classification of two ornamental trimmings and two embroidered appliques, from India.

Dear Mr. Hotelwala:

In your letter dated March 1, 1993, you requested a tariff classification ruling.

Four representative samples were submitted. The first two items, identified in your letter as #1 and #2, consist of ornamental trimmings measuring approximately 3/8" and 1/2" in width, respectively. The first item (#1), is constructed from metallic yarns, while the second (#2), is composed of "artificial silk", which in this case, is rayon man-made fibers. While you describe both of these items as being of lace construction, they do not technically conform to the U. S. Tariff requirements as respects lace.

The third (#3) and fourth (#4) items, referred to as appliques, consist of embroidered motifs in the form of flower heads which measure about 1/2" in diameter. We assume, in both instances, that the base material is of man-made fibers. You indicate that all four of these items will be used for decorating various gift items and frames.

The applicable subheading for the first item (#1) will be 5808.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for ornamental trimmings in the piece, without embroidery, other than knitted or crocheted, of other than cotton or man-made fibers. The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for items #3 and #4. will be 5810.92.0040, HTS, which provides for embroidery in the piece, in strips or in motifs, other than embroidery without a visible ground, badges, emblems and motifs. The duty rate is 8.4 percent ad valorem.

The second item (#2) falls within textile category designation 229. Based upon international textile trade agreements, products of India are subject to quota and the requirement of a visa. There are no textile restraints for the other three items.

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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