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NY 813037




August 3, 1995

CLA-2-58:S:N:N6:351 813037

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.1000

Ms. Barbara Pirk
Westwater Enterprises, L.P.
917 Mountain Avenue
Mountainside, NJ 07092-2706

RE: The tariff classification of an embroidered motif from China.

Dear Ms. Pirk:

In your letter dated July 25, 1995, you requested a tariff classification ruling.

You have submitted a sample of an embroidered motif identified as a "ribbon flower applique." It will be sold by craft stores for use in decorating, such as an applique attached to garments and on craft items. No style number is indicated in your correspondence. The motif's flower and leaf shapes are made from narrow woven fabric ribbons which have been embroidered into the warp knit ground fabric. We assume that the knit ground is made primarily of rayon with a small portion of polyester metallic strip, and that the woven ribbon flowers/leaves are made of silk. In your letter, you state that the item will be imported from China in various designs, colors and sizes (up to 8 inches). However, we can only rule on the submitted sample, which measures 2 1/2 by 1 1/4 inches.

The applicable subheading for the motif will be 5810.92.1000, 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; badges, emblems and motifs. The rate of duty will be 8 percent ad valorem. This HTS subheading will not be subject to visa/quota requirements.

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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