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NY 805708

January 30, 1995

CLA-2-58:S:N:N6:351 805708


TARIFF NO.: 5804.30.0090

Mr. R. Lynn Thomas
Lin Lyn Trading Ltd.
P.O. Box 297
Woods Cross, Utah 84087

RE: The tariff classification of linen/cotton battenberg lace motifs from China.

Dear Mr. Thomas:

In your letter dated December 28, 1994, you requested a tariff classification ruling.

You have submitted one sample and six photocopies of various battenberg lace motifs. All are 55% linen and 45% cotton squares measuring 9 inches by 9 inches. They are made in various designs composed of portions of battenberg lace and portions of woven fabric. The battenberg lace constitutes approximately 50% of the surface area of the motifs, and provides the essential character of the motifs. Some of the woven portions have a small amount of embroidery. All seven of the items are identified as item WINDOWPANE and reflect various patterns such as a house, a palm tree, four-pointed stars and four-pointed snowflakes. You state in your letter that these motifs will be used primarily as appliques or insets for wearing apparel.

The applicable subheading for the motifs will be 5804.30.0090 Harmonized Tariff Schedule of the United States (HTS), which provides for lace in the piece, in strips or in motifs; hand-made lace; other. The rate of duty will be 14.8 percent ad valorem.

These motifs fall within textile category designation 899. Based upon international textile trade agreements products of China are subject to the requirement of a visa.

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. 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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