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June 9, 1999

CLA-2-58:RR:NC:TA:351 E82923

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.9080

Mr. Daniel Percival
East-West Associates, Inc
880 Apollo St., Suite 355
El Segundo, CA 90245

RE: The tariff classification of embroidered fabric from China

Dear Mr. Percival:

In your letter dated May 26, 1999, you requested a tariff classification ruling on behalf of Canjoy Trading (USA), Corporation.

You submitted a piece of embroidered curtain panel fabric which measured 60 inches in width and approximately 19 feet in length. The fabric is woven of 100 percent polyester fiber with embroidered sections placed at measured intervals. These sections of cloth, punctuated by embroidery, closely equate valances and panels for what is intended to be curtains. It appears that during the course of embroidering the edges of the sections, the embroidery is mechanically cut apart from the next section of cloth. Only the side edges of the fabric hold the entire piece of fabric together in one continuous length. The fabric does not, however, meet the definition of “made-up” in note 7 to Section XI of the Harmonized Tariff Schedule of the United States (HTS), nor meet the language of the Explanatory Notes for Chapter 63 for Heading 6303.

The applicable subheading for the fabric will be 5810.92.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, other embroidery, of man-made fibers, other, other, other. The rate of duty will be 16 percent ad valorem.

You specifically inquired if there were any visa requirements or quota restrictions. There are no restraints against this classification number.

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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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