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NY 815557




November 3, 1995

CLA-2-58:R:N3:351 815557

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.99.9000; 6217.10.1000

Ms. Marla O'Dell
Westwater Enterprises, L.P.
917 Mountain Avenue
Mountainside, NJ 07092-2706

RE: The tariff classification of embroidered ribbon flower motifs and a clothing accessory from China.

Dear Ms. O'Dell:

In your letter dated October 20, 1995, you requested a classification ruling.

You have submitted a sample of an embroidered motif, which is a ribbon flower applique identified as "left side collar." Although you indicate that this sample is intended to be sewn or glued onto a shirt, it could also be used for other decorative purposes. No style numbers are indicated for the sample or the various similar items depicted in the submitted twelve pages of color photographs. All of the appliques have flower and leaf shapes made from 100% silk narrow woven fabric ribbons, and these ribbons have been embroidered into 100% silk woven organza ground fabrics. The oval-shaped sample measures about 2 3/4 by 10 1/2 inches. The other photographed items will be imported in various designs, colors and sizes (up to 11 inches long). Their shapes include the following: rectangles, ovals, triangles, donuts, C-shapes, shallow V-shapes and deep V-shapes. The deep V-shaped item on page 5, which measures 6 1/2 inches in width by 5 inches in depth, is considered to be a yoke, or a wearing apparel accessory sewn onto the neck area of a shirt or blouse.

The applicable subheading for the sample and the other items, except for the deep V-shaped yoke, will be 5810.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs; other embroidery; of other textile materials; other. The duty rate will be 8 percent ad valorem. This HTS subheading will not be subject to visa/quota requirements.

The deep V-shape yoke will be classifiable under the provision for other made up clothing accessories, accessories, containing 70 percent or more by weight of silk or silk waste, in subheading 6217.10.1000, HTS. The rate of duty will be 14.2 percent ad valorem.

The yoke classified in heading 6217 falls within textile category designation 759. 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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jeff Konzet (for embroidered motifs) or Martin Weiss (for clothing accessories) at 212-466-5885 or 5881, respectively.

Sincerely,

Roger J. Silvestri
Director

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