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NY I86803




October 15, 2002

CLA-2-84:RR:NC:1:104 I86803

CATEGORY: CLASSIFICATION

TARIFF NO.: 8452.10.0010

Ms. Maria Da Rocha
D & D Customhouse Brokerage
701 Newark Avenue, Suite LL1
Elizabeth, NJ 07208

RE: The tariff classification of a sewing machine with AC adapter and accessory kit from China

Dear Ms. Da Rocha:

In your letter dated September 9, 2002 on behalf of Tristar Products you requested a tariff classification ruling.

The “Perfect Stitch Pro” is a compact hand-held sewing machine that comes with an AC adapter and accessory kit, all packaged together. The machine can be used with the AC adapter or with batteries (batteries not included). The accessory sewing kit includes 32 regular sized spools of thread, 32 pre-threaded bobbins and a small plastic bag containing a large spool adapter, a needle threader, 3 additional pre-threaded bobbins and 2 needles.

The sample you submitted is not marked with the country of origin. Therefore, if imported as is, the sample submitted would not meet the country of origin marking requirements of 19 U.S.C. §1304. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by lawevery article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

However, in your supplemental fax dated October 2, 2002, you indicate that the sewing machine with adapter will be sold in a plain white box with the name of the product and country of origin to customers who order through mail order or television commercial. You state that the articles are not repackaged once they reach the United States.

We are returning your sample as you requested.

It is the opinion of this office that the sewing machine with the accessory sewing kit comprises goods put up in sets for retail sale. In their imported condition, the items under consideration are: (1) classifiable in different headings, (2) put up together to carry out the specific activity of sewing, and (3) packaged, marketed and sold together. In accordance with General Rule of Interpretation 3(b), the sewing machine with AC adapter and accessory kit described above are classified as a set with the essential character of the set being imparted by the sewing machine.

The applicable subheading for the “Perfect Stitch Pro” sewing machine with AC adapter and accessory kit will be 8452.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for sewing machines of the household type. The rate of duty will be free.

In a telephone conversation with a member of my staff (and later confirmed in your supplemental fax dated October 2, 2002), you have told us that the thread is 100% polyester; we assume it is dressed for sewing. Our desk examination reveals it to be filament thread.

Even though the thread is included as a constituent part of the set for classification purposes, it still falls within textile category 200, and products originating in China are subject to visa and quota requirements which must still be met.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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