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NY N018434




October 18, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Barbara Wallach
Halcraft USA, Inc.
60 So. MacQuesten Pkwy.
Mount Vernon, NY 10550

RE: The tariff classification of layered fabrics in a packet for embroidering, from China

Dear Ms. Wallach:

In your letter dated Oct. 5, 2007, you requested a tariff classification ruling. The sample which you submitted is being retained by this office.

You submitted a sample in its retail packaging. It is a kit for 3-D embroidery, which the packaging refers to as Fuwari. It consists of multiple layers of knit and woven fabrics and one layer of plastic sheeting, each approximately 5” x 6”. The top and bottom layers are a piece of woven fabric folded over and sewn closed on the other three sides. This assembly of the multiple pieces sewn into a packet makes this item “made up” according to the terms of Note 7 to Section XI, Harmonized Tariff Schedule of the United States (HTSUS).

Three packets are included on the retail package. No yarn is included. The packets are used in a home embroidery machine. After embroidering through all the layers, heat is applied (although the instructions do not mention how) to melt the plastic layer. When all of the layers are removed, what is left is the bottom layer of fabric with 1/8” of yarn standing up in the embroidered pattern. You submitted a sample of a finished piece of embroidery.

The applicable subheading for the assembled packet of fabrics will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% 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 submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

In addition, the item is marked “RNK, LLC Knoxville TN 37909.” Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the name of any city or locality in the United States appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. The purpose of this requirement is to prevent the possibility of misleading or deceiving the ultimate purchaser of an article as to the actual origin of the imported good.

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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