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NY 851807


May 01 1990

CLA-2-58:S:N:N3H:351 851807; 851809


TARIFF NOS.: 5810.92.0040; 5810.10.0000

Mr. Michael Guluzzi
Transair International Corp.
Building 89, JFK Airport
Jamaica, NY 11430

RE: The tariff classification of various beaded motifs from Haiti, Hong Kong and China.

Dear Mr. Guluzzi:

In your letters dated April 18, 1990, on behalf of Royalcraft Trimming Corp., you requested tariff classification rulings.

You have submitted eight samples of various beaded appliques or embroidered motifs on two requests for classification rulings, as follows: style nos. 9111, 536, 1102 and 185 on our reference no. NY 851807, and style nos. 1336, 1037, 820 and 20182 on our reference no. NY 851809. Style nos. 9111, 536 and 185 measure 4 1/2 inches in length and are nearly fully covered with tubular- shaped beads and other plastic beads on the front side. The beads are sewn on to visible man-made fiber woven ground fabrics. Style no. 1102 is a burnt-out lace motif with imitation pearl beads sewn on to the embroidery. In this motif only, a chemical was used to burn out or dissolve away the ground fabric which is no longer visible. The embroidered appliques identified as style nos. 1336, 1037, 820 and 20182 are large beaded motifs measuring between 8 inches and 18 inches in length. The beads - sequins, tubular or round plastic beads - are sewn on to woven man-made fiber fabrics that are not completely obscured by the beads. Style no. 20182 has some additional embroidery work and hemming. All of the above merchandise will be used in the United States to decorate or embellish the appearance of finished women's blouses, dresses, or other garments.

The applicable subheading for the beaded appliques, except for style no. 1102, will be 5810.92.0040, 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; badges, emblems and motifs. The rate of duty will be 8.4 percent ad valorem.

The burnt-out lace applique, style no. 1102, will be classifiable under the provision for embroidery in the piece, in strips or in motifs, embroidery without visible ground, in subheading 5810.10.0000, HTS. The rate of duty will be 16 percent ad valorem.

In your letter, you inquired about whether these products, if made in Haiti, will be entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA). Articles classifiable under subheading 5810.10.0000, HTS, are eligible for CBERA treatment, except for certain textile articles, including those made of man-made fibers. Therefore, style no. 1102 will not be eligible for CBERA treatment.

In your letter, you also inquired about how you should provide the appropriate HTS statistical reporting on CF 7501 in view of Chapter 58, Additional U.S. Note 1, HTS. Since none of the motifs or appliques are considered to be embroidery in the piece, the statisti- cal information on the CF 7501 should be presented in the normal manner.

The burnt-out lace applique, style no. 1102, falls within textile category designation 229. Based upon international textile trade agreements, products of Hong Kong, China and Haiti are subject to requirements of a visa, and quota restraints only for China.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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