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NY 886617



May 28, 1993

CLA-2-58:S:N:N6:350 886617

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.3500; 5808.90.0010

Ms. Betty A. Pome
Allied Shipping
161-15 Rockaway Blvd., Suite 208
Jamaica, NY 11434

RE: The tariff classification of two decorative trimmings, from India.

Dear Ms. Pome:

In your letter dated May 24, 1993, on behalf of Orchid Trim Inc., you requested a tariff classification ruling.

Two representative samples were submitted which were not identified as to style or quality number. The first item, white in color, consists of continuous, flat, opposing coils of wrapped yarns of man-made fibers, stitched together to form a 7/16 inch wide trimming, in turn sewn to yarn containing a running series of fringe-like pendant beads. The overall width of this material is approximately two inches.

The second item, purple in color, is relatively similar in configuration to the first item, except that the product is essentially all plastic beads hanging from a narrow textile piece. This textile portion will be obscured when incorporated into the final product for which it is designed. Therefore, the plastic beads impart the essential character. Your correspondence indicates that the composition of both items is 90% rayon fabric and 10% plastic. You did not specify whether the breakdown is by weight or value.

The applicable subheading for the first item will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for ornamental trimmings in the piece. The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for the second item will be 3926.90.3500, HTS, which provides for other articles of plastics, ... beads, bugles and spangles and articles thereof. The rate of duty is 6.6 percent ad valorem.

Products which are classifiable under subheading 3926.90.3500, HTS, the product of India, are subject to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

The first item 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.

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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