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NY 894798




February 25, 1994

CLA-2-58:S:N:N6:351 894798

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.91.0010

Mr. James Fortner
Majestic Design
Rt. 3, Box 315-B
Robstown, TX 78380

RE: The tariff classification of hand-embroidered emblems from India.

Dear Mr. Fortner:

In your letter dated November 10, 1993 (received in our office on February 16, 1994), you requested a classification ruling.

You have submitted three samples of decorative embroidered emblems or motifs, without pins, that are intended to be used as appliques sewn on to garments. The patches have brass wire bullion threads that appear to be hand-embroidered. According to our New York laboratory, each of the motifs has one or more layers of woven cotton ground fabrics, which may be obscured by the bullion. The three samples, which are not identified by item numbers, are listed as follows: 1) a 2 1/4 inch square crest, 2) an abstract floral design motif measuring approximately 1 1/2 inch in diameter, and a 3 1/2 by 2 3/4 inch sailor hat-shaped motif. We assume that the merchandise weighs over 200 grams per square meter. When imported into the United States, each motif should be marked with the country of origin.

The applicable subheading for the three appliques will be 5810.91.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs; other embroidery; of cotton; weighing over 200 grams per square meter. The duty rate will be 8.4 percent ad valorem.

The motifs fall within textile category designation 229. Based upon international textile trade agreements, products of India 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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