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NY C80684




October 28, 1997

CLA-2-58:RR:NC:TA:351 C80684

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.99.9000

Mr. Tom Paciaffi
Coronet Brokers Corp.
P.O. Box 300764, Cargo Bldg. 80, JFK Airport Jamaica, NY 11430-0764

RE: The tariff classification of a warp knit fabric containing a sewn on embroidery applique, from China.

Dear Mr. Paciaffi:

In your letter dated October 14, 1997, on behalf of Roth Import Co., you requested a tariff classification ruling.

The instant sample consists of an open mesh warp knit ground fabric composed of a 45% nylon man-made fiber/55% metallic blend. This fabric has a snake-like design sewn on in the form of an embroidery applique consisting of a woven narrow fabric (about 1/2" wide). This material, which will be imported as piece goods, will be used as an ornamentation or trim for wearing apparel.

The applicable subheading for the fabric will be 5810.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other embroidery in the piece, ..., with visible ground, of other than cotton or man-made fibers. The rate of duty, which is predicated upon the construction of the ground fabric, will be 12.8 percent ad valorem.

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 George Barth at 212-466-5884

Sincerely,

Robert B. Swierupski
Director,

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