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NY 810583




May 26, 1995

CLA-2-58:S:N:N6:351 810583

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.9080

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
845 Third Avenue
New York, NY 10022

RE: The tariff classification of eyelet embroidered fabric from China; textile samples in subheading 9811.00.60, HTS.

Dear Mr. Zelman:

In your letter dated May 19, 1995, on behalf of Lorraine Home Fashions of China Inc., you requested a classification ruling.

You have submitted a sample of an eyelet embroidered fabric strip intended to be used by the importer to solicit orders for finished curtains, drapery, and tiebacks manufactured in China. The sample is stamped with indelible ink at one end with the words, "SAMPLE No Commercial Value", with the word "SAMPLE" measuring approximately 2 inches by 1/2 inch. The imported fabrics will measure 35 inches in length (with cut ends) by 4 to 7 inches in widths (with scalloped edges). The embroidery work forms decorative floral patterns and goes around the eyelet holes and borders. The ground fabric is a sheer plain woven fabric that is assumed to be made of man-made multifilament yarns. As requested in your letter, the sample will be returned to you.

The applicable subheading for the eyelet fabric will be 5810.92.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs; other embroidery; of man-made fibers; other; other; other. The duty rate will be 16.8 percent ad valorem.

The fabric falls within textile category designation 229. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories 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.

In your letter, you inquire about possible classification of the fabric in subheading 9811.00.60, HTS, which provides for any sample ... marked, torn, perforated or otherwise treated so that it is unsuitable for sale or for use otherwise than as a sample, to be used in the United States only for soliciting orders for products of foreign countries. You also inquire about country of origin marking requirements for merchandise classified under this provision. Your merchandise does not quite meet our guidelines for fabric samples in continuous lengths, as specified in telex number UNCLAS CUSTOMS 11061 of September 1, 1988:

The fabric, fabric swatches or piece goods must be marked with the word "SAMPLE" at intervals of one-half yard for the entire length (total length not to exceed two yards) of the article. The size of the word "SAMPLE" should be in 1 inch block lettering and be placed at a diagonal angle across the back of the fabric and in a contrasting color to the fabric.

Regarding country of origin marking, based upon the facts that you presented, the imported articles will be neither sold, distributed, nor given away by the importer, who would be considered the ultimate purchaser. Therefore, the imported samples are excepted from individual country of origin marking pursuant to 19 U.S.C. 1304(a)(3)(D).

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
New York Seaport

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