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NY E89244




November 19, 1999

CLA-2-63:RR:NC:TA:352 E89244

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 9811.00.60

Ms. Jane Johnson
Scarbrough International
10841 Ambassador Drive
Kansas City, MO 64153

RE: The tariff classification of decorative flags from Taiwan.

Dear Ms. Johnson:

In your letter dated September 10, 1999, on behalf of ACI International, Inc., Olathe, Kansas, you requested a classification ruling. The samples are being returned as requested.

The samples submitted are triangular shaped decorative flags. The flags are made of 70 percent wool/30 percent acrylic felt fabric. One flag measures approximately 40 inches long by 17-1/2 inches wide. The other flag measures 11 inches long by 6-1/2 inches wide. The larger flag has sewn onto the top edge a 3/8-inch wide nonwoven fabric panel that creates an opening throughout the width of the article for the insertion of a pole. Sewn onto the front side of each flag are embroidered words and numbers.

The applicable subheading for the flags will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The duty rate will be 7 percent ad valorem.

In your correspondence you indicate that the smaller flag is going to be used as a sample to take orders. There is not enough information provided to issue a definitive ruling. However, there is a possibility that subheading 9811.00.60, HTS, may be applicable if the article is used as a sample for the solicitation of orders for foreign merchandise provided it is valued at $1.00 or less or has been marked, torn, perforated or otherwise treated so as to render it unsuitable for any other use. In that case the sample may be eligible for a free rate of duty under subheading 9811.00.60, HTS.

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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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