United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1995 NY Rulings > NY 814281 - NY 814599 > NY 814296

Previous Ruling Next Ruling
NY 814296

September 6, 1995

CLA-2-58:S:N:N6:351 814296


TARIFF NO.: 5810.92.9080; 9802.00.8065

Ms. Marilyn Conner
U.S. Brokers (LAX), Inc.
8635 Aviation Boulevard
Inglewood, CA 90301

RE: The tariff classification of American-made raschel knit fabric beaded in India.

Dear Ms. Conner:

In your letter dated August 25, 1995, on behalf of Danile Labib DBA Classy Fabric, you requested a classification ruling.

You have submitted two samples of fabrics, as follows: (1) a floral design, raschel knit open-work "lace" fabric made in South Carolina, before exportation to India; and (2) the same fabric after embroidery in India. No style numbers are indicated in your correspondence or on the samples. On sample (2), the embroidery work embellishing the raschel ground fabric consists of sequins and imitation pearl beads hand stitched on to the fabric. The knitted fabric is made of 100% polyester and measures about 58 inches in width. It will be shipped to India in the piece. We assume that after the fabric has been beaded in India, 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. Stitching beads to a ground fabric is considered an assembly process. 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 India only for the convenience of handling. No allowance will be made for the value of the Indian-made beads when imported into the United States.

The embroidered fabric falls within textile category designation 229. Based upon international textile trade agreements, products of India 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.


Jean F. Maguire
Area Director
New York Seaport

Previous Ruling Next Ruling

See also: