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NY R04350




July 27, 2006

CLA-2-63:RR:NC:N3:349 R04350

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.93.0000; 6304.99.6030

David Klaus
Graham & Brown, Inc.
3 Corporate Drive
Cranbury, NJ 08512

RE: The tariff classification of a textile wall hanging from China.

Dear Mr. Klaus:

In your letter dated July 6, 2006 you requested a classification ruling.

The item you will be importing, described as a “Embroidered Fabric Art”, is a textile wall hanging. A photograph of item was submitted with your request. The wall hanging will be made from either 100 percent polyester faux suede or 100 percent silk woven fabric. The face of the fabric contains an embroidered design that does not cover the entire surface. The fabric is attached to a wooden frame. Depending on the vendor the frame may or may not have a saw tooth hanger attached to the back.

The applicable subheading for the polyester wall hanging will be 6304.93.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of synthetic fibers. The duty rate will be 9.3 percent ad valorem.

The applicable subheading for the silk wall hanging will be 6304.99.6030, HTSUS, which provides for other furnishing articles, excluding those of heading 9404: other: other: other other: containing 85 percent or more by weight of silk or silk waste. The duty rate will be 3.2 percent ad valorem.      

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/.

The polyester wall hanging falls within textile category designation 666. the silk wall hanging is not assigned a textile category designation. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 John Hansen at 646-733-3043.

Sincerely,

Robert B. Swierupski
Director,

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