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NY 886896

June 24, 1993

CLA-2-63:S:N:N6:349 886896


TARIFF NO.: 6302.52.1020; 6302.52.2000; 6302.92.0010; 6304.99.3500

Ms. Lee Appleton
Liliworks, Inc.
P.O. Box 2840
Sag Harbor, NY 11963

RE: The tariff classification of an embroidered linen handtowel, placemat, dinner napkin, cocktail napkin and pillow sham from Haiti.

Dear Ms. Appleton:

In your letter dated May 20, 1993, received in this office on June 3, 1993, you requested a tariff classification ruling.

You have submitted five samples of hand embroidered home furnishing products. All items are made from a 100 percent linen woven fabric. The fabric and embroidery threads are purchased in the United States and sent to Haiti for cutting, embroidery and finishing. These items would be considered a product of Haiti. The handtowel, item no. EL1, is approximately 15 x 23-1/2 inches and contains embroidery in a shell pattern at one end. One of the narrow edges is finished with a scalloped embroidery and the other is hemmed using hemstitching. The two long sides are finished with a plain hem.

Item no. EL2 is an embroidered placemat which measures approximately 14-1/2 x 19-1/2 inches. It is hemmed on all sides using hemstitching. The dinner napkin, item no. EL4, is approximately 15 x 15-3/4 inches and contains the same embroidered design and hemstitching as the placemat. Item no. EL5 is an embroidered cocktail napkin that measures approximately 5 x 7-1/2 inches. The edges of this napkin are finished with scalloped embroidery. The pillow sham is a representative sample of item numbers EL6/7/8/9 which differ by color, size and embroidered designs. The submitted sham measures approximately 14 x 20 inches and has an overlapping flap type opening on the back for the insertion of a pillow.

The applicable subheading for the dinner napkin will be 6302.52.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of flax: tablecloths and napkins... other. The rate of duty will be 10.2 percent ad valorem.
The applicable subheading for the placemat and the cocktail napkin will be 6302.52.2000, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other table linen: of flax: other. The duty rate will be 6.2 percent ad valorem.

The applicable subheading for the handtowel will be 6302.92.0010, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other: of flax... towels. The duty rate will be 2.5 percent ad valorem.

The applicable subheading for the pillow sham will be 6304.99.3500, HTS, which provides for other furnishing articles: not knitted or crocheted, of other textile materials: other: of vegetable fibers (except cotton): other. The rate of duty will be 12.8 percent ad valorem.

Articles classified under the above subheadings which are products of Haiti are entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

The placemat, dinner napkin, cocktail napkin and pillow sham fall within textile category designation 899. The handtowel falls within textile category designation 863. Based upon international trade agreements, products of Haiti are subject to visa requirements.

Due to the problems in Haiti visa and ITA-370P requirements have been temporarily waived. Imports from and exports to Haiti other than certain excepted items are prohibited by Presidential Executive Orders 12775 dated October 4, 1991 and 12779 dated October 28, 1991. The commodities that are the subject of this ruling are not among the excepted items.

You have enclosed a copy of a license (License No. H2-0611) granted to you by the Office of Foreign Assets Control. The license permits you to export to and import from Haiti certain commodities under specific terms and conditions. The license will have to be presented at the time of entry of your merchandise.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected when the requirements are reinstated. 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.

The submitted samples are not marked with their 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.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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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