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NY 813887




August 25, 1995

CLA-2-58:S:N:N6:351 813887

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.9080

Ms. Brenda S. Wangel
The Janel Group of New York, Inc.
150-14 132nd Ave.
Jamaica, NY 11434

RE: The tariff classification of embroidered fabrics from China

Dear Ms. Wangel:

In your letter dated August 21, 1995 you requested a classification ruling on behalf of Ning Shing (USA) Inc.

You have submitted two samples, labelled as "ALLOVER LACE" and "EYELETS." ALLOVER LACE is not of lace construction; it is a bleached, plain woven 65% polyester 35% cotton fabric 47 inches wide, embroidered with polyester, cotton or rayon yarns. The embroidery forms a pattern of swirling dotted lines connecting single and triple eyelets (small holes outlined with embroidery), all across the width of the fabric. EYELETS is a 2 to 5 inch wide piece of fabric, straight along one edge and with a scalloped pattern along the other edge. The scalloped edge is finished with embroidery, and there is a repeating pattern of quadruple eyelets along the length of the material.

The applicable subheading for both fabrics 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. The duty rate will be 16.8 percent ad valorem.

Both fabrics fall 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.

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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