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NY 811656




June 16, 1995

CLA-2-98:S:N:N6:351 811656

CATEGORY: CLASSIFICATION

TARIFF NO.: 9811.00.60

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

RE: The tariff classification of eyelet embroidered fabrics from China; textile samples used for soliciting orders.

Dear Mr. Zelman:

In your letter dated June 12, 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 word "SAMPLE", which measures approximately 1 inch in height by 3 inches in length. The imported fabric samples will measure approximately 18 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 fabric sample will be 9811.00.60, Harmonized Tariff Schedule of the United States (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. The merchandise will be free of duty. There will be no visa/quota requirements for this provision.

You also inquire about country of origin marking requirements for merchandise classified under this provision. 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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