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NY K80699




December 17, 2003

CLA-2-63:RR:NC:TA:352 K80699

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Michael Pipitone
John F. Kilroy Co., Inc.
JFK International Airporp
Cargo Building 80, Suite 227
Jamaica, NY 11430-1781

RE: The tariff classification of three embroidered products from India.

Dear Mr. Pipitone:

In your letter dated November 13, 2003, on behalf of your client Voyage Decoration Ltd., you requested a tariff classification ruling.

Three samples of embroidered products accompanied your request for a ruling. Style “Sailaway Patchwork”, Is a patch work fabric that has been embroidered and appliqued with a nautical motif. This product consists of various different fabric rectangles approximately 6.5 inches by 6.75 inches that have been sewn together to form a patchwork fabric. Although all of the patches are said to be of cotton they vary in construction and feature corduroy patches, plain woven plaid patches, plain woven chambray patches and plain woven patches which have been dyed or bleached. Some of the patches have been embroidered or appliqued with stylized boats, stars and nautical slogans. This product will be imported in 150 centimeter widths and is said to weigh 200 g/m2.

The applicable subheading for the embroidered patchwork product designated as style “Sailaway Patchwork” will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress, patterns, other, other, other, other, other. The duty rate will be 7 percent ad valorem in both 2003 and 2004.

Your inquiry does not provide enough information for us to give a classification ruling on styles “Sailaway Organdy” and “Jungle”. Your request for a classification ruling should include the information designated below for the ground fabric before embroidery.

Please provide the following data elements based on the base fabrics prior to embroidering.

INFORMATION REQUIRED FOR THE CLASSIFICATION OF WOVEN FABRICS OF COTTON

PLEASE PROVIDE THE GENERIC NAME OF EACH FIBER IN THE FABRIC AND INDICATE ITS RELATIVE WEIGHT TREATING STAPLE AND FILAMENT FIBERS OF THE SAME GENERIC FIBER AS SEPARATE MATERIALS. FOR EXAMPLE:

52% COTTON
20% FILAMENT POLYESTER
18% STAPLE ACRYLIC
10% STAPLE POLYPROPYLENE

PROVIDE THE WIDTH OF THE FABRIC IN CENTIMETERS.

PROVIDE THE WEIGHT OF THE FABRIC IN GRAMS PER SQUARE METER.

Provide the number of single yarns per centimeter in the warp and the number of single yarns per centimeter in the filling.

PROVIDE THE YARN SIZES IN THE WARP AND FILLING INCLUDING THE NUMBER OF PLIES FORMING EACH YARN.

INDICATE WHETHER THE YARNS ARE COMBED OR CARDED.

SPECIFY THE WEAVE EMPLOYED IN PRODUCING THE FABRIC. FOR EXAMPLE: PLAIN, TWILL, SATIN, JACQUARD, PIQUE, DOBBY, LAPPET, ETC.

PROVIDE THE NUMBER OF TURNS PER METER IN EACH TYPE OF YARN PRESENT IN THE FABRIC.

INDICATE THE TYPE OF LOOM USED TO WEAVE THE FABRIC. FOR EXAMPLE DOBBY, JACQUARD ETC.

SPECIFY THE TRADE NAME AND STYLE NAME AND NUMBER BY WHICH THE FABRIC IS DESIGNATED.

INDICATE WHETHER THE FABRIC IS UNBLEACHED, BLEACHED, DYED, COMPOSED OF YARNS OF DIFFERENT COLORS AND/OR PRINTED.

Please provide the weight of the fabric after embroidery.

Please provide the width of each item after embroidery.

We have noted that you have provided data sheets for these items, however, our examination of the samples indicate that almost every data element is incorrect from designating style “jungle” as denim to designating the same weight for the unembroidered and embroidered fabrics which is impossible. Please provide corrected data sheets for styles “Jungle” and “Sailaway Organdy”

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to the Bureau of Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Alan Tytelman at 646-733-3045.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division

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