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NY 885804




May 10, 1993

CLA-2-58:S:N:N6:351 885804

CATEGORY: CLASSIFICATION

TARIFF NO.: 5804.29.0020; 5810.92.0080; 6002.20.1000

Mr. Mark McEwen
A.N. Deringer, Inc.
P.O. Box 284
Highgate Springs, VT 05460

RE: The tariff classification of three open-work fabric strips (lace, raschel lace and eyelet embroidery) from Canada.

Dear Mr. McEwen:

In your letter dated April 28,1993, on behalf of the Canadian manufacturer Transitexim Ltd., you requested a tariff classification ruling.

You have submitted three samples of "lace"-like, open-work fabric strips of different constructions and materials, as follows: style no. 9743 is a machine-made lace made of 100% cotton, style no. 257 is a 100% polyamide raschel warp knit "lace", and style no. 715 is a 65% polyester / 35% cotton eyelet embroidered woven fabric. The three fabrics measure between 1 1/2 and 2 1/2 inches in width, and style nos. 9743 and 257 both have two fast edges. Style no. 715, the eyelet embroidered fabric, has one embroidered edge and one cut edge. We assume that all of the fabrics will be imported in continuous lengths.

The applicable subheading for the style no. 9743 fabric will be 5804.29.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for tulles and other net fabrics, not including woven, knitted or crocheted fabrics; lace in the piece, in strips or in motifs; mechanically made lace; of other textile materials; of cotton. The duty rate will be 10 percent ad valorem.

The style no. 257 knitted fabric will be classifiable under the provision for other knitted or crocheted fabrics; other, of a width not exceeding 30 centimeters; open-work fabrics, warp knit; in subheading 6002.20.1000, HTS. The rate of duty will be 16 percent ad valorem.

The style no. 715 fabric will be classifiable under the provision for embroidery in the piece, in strips or in motifs; other embroidery; of man-made fibers; other; other; in subheading 5810.92.0080, HTS. The rate of duty will be 17 percent ad valorem.

Goods classifiable under subheadings 5804.29.0020, 6002.20.1000, and 5810.92.0080, HTS, which have originated in the territory of Canada, will be entitled to 5, 8, and 8.5 percent ad valorem rates of duty, respectively, under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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

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