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NY K89683




October 4, 2004

CLA-2-58:RR:NC:TA:352 K89683

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.9080

Ms. Nicole Trimble
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of embroidered fabric from China.

Dear Ms. Trimble:

In your letter dated September 1, 2004, on behalf of your client GTL International, Inc. you requested a tariff classification ruling.

The submitted sample, designated as style # GtlFab2004, is an embroidered fabric characterized by a floral motif. This product has been constructed by embroidering a weft knit base fabric of looped pile construction. The base fabric is composed of 100% polyester and features a dense fibrous surface created by napping both sides of the fabric. The fabric will be imported in 152 centimeter widths and weighs approximately 230 g/m2.

The applicable subheading for the embroidered fabric designated as style # GtlFab2004 will be 5810.92.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs, other embroidery, of man-made fibers, other, other, other. The duty rate for this provision is governed by Additional U.S. Note 3 to Chapter 58 which provides that the rate of duty is 7.4 percent ad valorem but in the case of embroidery in the piece not less than the rate which would apply to the product if not embroidered. Since the base fabric without the embroidery is a weft knit fabric of looped pile construction composed of 100% polyester classifiable in subheading 6001.22.0000, HTS, which provides a rate of duty of 17.2 percent ad valorem, the rate of duty for the embroidered fabric will be 17.2 percent ad valorem.

At the present time this product is not subject to either visa requirements or quota restraints.

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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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