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NY C84856




March 11, 1998

CLA-2-63:RR:NC:TA:352 C84856

CATEGORY: CLASSIFICATION

TARIFF NO.: 6308.00.0020

Ms. Sandra L. Haupt
Tower Group International
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of a "Beginner Kit-Needle Punch Embroidery" from China.

Dear Ms. Haupt:

In your letter dated February 20, 1998, on behalf of Lamon Enterprises Inc., Stoney Creek, Ontario, you requested a tariff classification ruling.

The sample submitted consists of a woven fabric, two ply acrylic/polyester yarns, needle punch, needle threader, plastic hoop and printed instructions. The items are packaged for retail sale in a clear plastic bag. The various components of the kit will be manufactured in a variety of countries. The yarns are produced in China, the needle punch and printed instructions are manufactured in Canada and the plastic hoop is manufactured in Mexico.

You believed that the "Beginner Kit-Needle Punch Embroidery" should be classified in subheading 9503.70.000, Harmonized Tariff Schedule of the United States (HTS), which provides for other toys, put up in sets or outfits, and parts and accessories thereof. By application of General Rules Of Interpretation (GRI) Note 1 the article is provided for as an embroidery/needlepoint kit. Although labelled "Beginner Kit" the product is not put up in a manner indicating use as an educational "toy". The instructions and iron-on-patterns supplied require a higher level of knowledge than one would expect in a toy craft kit.

The applicable subheading for the "Beginner Kit-Needle Punch Embroidery" will be 6308.00.0020, (HTS), which provides for needlecraft sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered tablecloths or napkins, or similar textile articles, put up in packings for retail sale, Other. The rate of duty will be 12.4 percent ad valorem.

The "Beginner Kit-Needle Punch Embroider" falls within textile category designation 669. 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 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 Alan Tytelman at 212-466-5896.

Sincerely,

Robert B. Swierupski
Director,

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