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NY K86510




July 2, 2004
CLA-2-61:RR:NC:3:353 K86510

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9520

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
888 Seventh Avenue
Suite 4500
New York, NY 10106

RE: The tariff classification of textile jewelry from Hong Kong.

Dear Mr. Zelman:

In your letter dated June 2, 2004, on behalf of Tahari, Ltd., you requested a classification ruling. As requested, the sample will be returned to you.

Your submitted sample, style F01DT100 is of 100% wool knit fabric cut and sewn into a shape of a flower with a pin attached and worn as jewelry.

The item does not meet the definition of artificial foliage of Chapter 67, and is precluded from classification as jewelry by Chapter 71 Note 3(g). Regarding your claim for classification under subheading 6307.90.9889 as “other textile articles”, Customs has consistently held that these type of pins are more accurately described as textile jewelry, which is considered a “clothing accessory” under heading 6117.

This office cannot rule on “marking” under 19 U.S.C. 1304 without an actual sample of how the item is marked.

The applicable subheading for style F01DT100 will be 6117.80.9520, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted; parts of garments or of clothing accessories: other accessories: other: other, of wool or fine animal hair. The duty rate will be 14.6% ad valorem.

Style F01DT100 falls within textile category designation 459. Based upon international textile trade agreements products of Hong Kong 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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