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NY 810304




May 4, 1995

CLA-2-58:S:N:N6:351 810304

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.9080; 9802.00.8065

Ms. Judy Dee
Best Systems, Inc.
2 Park Avenue
Lawrence, NY 11559

RE: The tariff classification of American-made raschel knit fabric re-embroidered and beaded in Hong Kong.

Dear Ms. Dee:

In your letter dated April 26, 1995, on behalf of Alicia Fashion Inc., you requested a classification ruling.

You have submitted two samples of fabric, as follows: (1) a floral design, raschel knit open-work "lace" fabric made in North Carolina, before exportation to Hong Kong; and (2) the same fabric after embroidery in Hong Kong. No style numbers are indicated in your correspondence or on the samples. Sample (2) has two types of embroidery work embellishing the raschel ground fabric: first, re- embroidery consisting of cording material sewn on to the "lace" ground to outline its floral pattern on the face side; and, second, sequins and imitation pearl beads stitched on to the fabric. The knitted fabric is made of either 100% nylon or 80% nylon/20% rayon and weighs 60 grams per square meter. It will be shipped to Hong Kong in the piece in 54 inch to 62 inch widths. After re- embroidery and beading in Hong Kong, the fabric weighs 210 grams per square meter, and it will be shipped back to the United States in the same widths and quantity.

The applicable subheading for the ornamented fabric will be 5810.92.9080, 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; other; other; other. The duty rate will be 13.6 percent ad valorem.

In addition, the provision for articles assembled abroad ..., in subheading 9802.00.8065, HTS, is applicable if the requirements of the Customs Regulation are met. Re-embroidery work and stitching beads to a ground fabric are considered assembly processes. An allowance will be made for the value of the supplied American-made raschel fabric. For an allowance, the fabric must be returned to the United States in the same sizes as sent out or cut to smaller pieces in Hong Kong only for the convenience of handling. No allowance will be made for the value of the Hong Kong-made cords and beads when imported into the United States.

The embroidered fabric falls within textile category designation 229. Based upon international textile trade agreements, products of Hong Kong are subject to the requirement of a visa in the same manner as it would apply to other imported 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. 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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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