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NY K86084




June 1, 2004
CLA-2-62:RR:NC:3:363 K86084

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9530

Mr. Allan H. Kamnitz
Sharrets, Paley, Carter & Blauvelt, PC
Seventy-five Broad Street
New York, NY 10004

RE: The tariff classification of a textile rose pin from Hong Kong or China.

Dear Mr. Kamnitz:

In your letter dated May 11, 2004, on behalf of the Ralsey Group Ltd, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample is a Style RLG1000 Artificial Rose Pin constructed of alternating layers of knit and woven man made fiber fabrics. The artificial textile rose is affixed to a metal pin and is intended to be worn on a garment.

You suggest classification under 6702.90.3500 as “artificial foliage of man-made fibers.” However, Chapter 67 Note 3 (b) states that “3. Heading 6702 does not cover: (b) Artificial flowersconsisting of parts assembles otherwise than by binding, gluing, fitting into one another or similar methods.” The item at hand cannot be classified under heading 6702 as it consists of solid pieces of fabric, not formed into petals, that are sewn together.

The textile rose cannot be classified as jewelry because it is precluded from classification under heading 7117 by Chapter 71 Note 3(g) which excludes from the chapter "goods of section XI (textiles and textile articles)."

Neither the knit fabric portion of the flower, classifiable under heading 6117, nor the woven fabric portion of the flower, classifiable under heading 6217, imparts the essential character to the Style RLG1000 Artificial Rose Pin. Following General Rule of Interpretation (GRI) 3 (c), it will be classified under the heading which occurs last in numerical order in the HTS.

The applicable subheading for the Style RLG1000 Artificial Rose Pin will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments Accessories: Other: Other, Of man-made fibers.” The duty rate will be 14.6% ad valorem.

The Style RLG1000 Artificial Rose Pin falls within textile category designation 659. Based upon international textile trade agreements products of and China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, 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 and should also be verified at the time of shipment.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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