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NY M80496




March 3, 2006

CLA-2-63:RR:NC:N3:351 M80496

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.1000, 6307.90.9889

Charles Santarelli
Mersant International Ltd.
158-12 Rockaway Boulevard
Jamaica, NY 11434

RE: The tariff classification of fabrics from China

Dear Mr. Santarelli:

In your letter dated February 13, 2006, you requested a tariff classification ruling on behalf of your client, Avanti Linens, of Moonachie, New Jersey.

The submitted samples are 100% polyester fabrics that will be imported in lengths of 15”, 18”, and 30”. Sample 1137 Large Glitter, Medium Glitter, and Small Glitter measure approximately 5½”, 3½”, and 3¼”, respectively. They have tuck stitching and glued-on plastic gems. The items are considered made up by assembly (gluing) of the gems to the fabric, in accordance with Section XI, Note 7(e) of the Harmonized Tariff Schedule of the United States (HTSUS).

The Suede Fleur fabrics, 1091X and 1091Y, will be imported in sizes 5¼” x 30” (X) and 3¼” x 18” (Y). Both feature fleur-de-lis embroidery and 5/8” edging strips sewn on. They are considered made up under Note 7(e) because of the assembly of edging fabrics to the embroidered brushed fabric.

The applicable subheading for the three sizes of style 1137 and both styles of style 1091 will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

Ribbon Rose, samples 1184A, B, and C, are cut pieces measuring 6” x 30”, 4½” x 18”, and 3½” x 15”, respectively. They are constructed of 100% polyester brushed woven ground fabric that gives the appearance of suede. They feature an embroidered motif that consists of an appliquéd rose surrounded by foliage and various other blossoms. The three motifs are to be imported finished (hemmed) on all four sides.

The applicable subheading for the three motifs designated Ribbon Rose will be 5810.92.1000, HTSUS, which provides for embroidery in the piece, in strips or in motifs, other embroidery, of man-made fibers, badges, emblems, and motifs. The rate of duty will be 4.2 percent ad valorem.

The samples will be returned as requested.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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