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NY A82318




April 16, 1996

CLA-2-58:RR:NC:TP:351 A82318

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.9080

Ms. Rosalina Bunao
Rosalina Baby Collections, Inc.
622 Old Trolley Rd., Suite 130
Summerville, SC 29485

RE: The tariff classification of embroidered fabric strips (smocking) from the Philippines.

Dear Ms. Bunao:

In your letter dated April 4, 1996, you requested a classification ruling.

You have submitted three samples of embroidered narrow fabric strips that will be used in the manufacture of dresses, pillows, bibs or other articles. The samples' bleached plain woven narrow ground fabrics are made from 65% polyester and 35% cotton, and they do not have fast edges. The embroidered strips measure approximately 3 inches by 10 inches in their unstretched condition. In each sample, the decorative embroidery stitches are used to gather the woven cloth, to make it hang in even folds or ruffles. This type of fabric is known as smocking.

The applicable subheading for the smocking 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 16.6 percent ad valorem.

The fabric falls within textile category designation 229. Based upon international textile trade agreements, products of the Philippines 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 Part 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 at 212-466-5885.

Sincerely,

Roger J. Silvestri
Director

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