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NY A81696

March 27, 1996

CLA-2-58:RR:NC:TP:351 A81696


TARIFF NO.: 5810.91.0020

Mr. Michael A. Pipitone
John F. Kilroy Co., Inc.
JFK International Airport
Cargo Building 80, Suite 227
Jamaica, NY 11430-1718

RE: The tariff classification of embroidered fabrics from India.

Dear Mr. Pipitone:

In your letter dated March 18, 1996, on behalf of Carnegie, you requested a classification ruling.

You have submitted two samples of embroidered cotton fabrics identified as "Circus" and "Favola." The decorative embroidery work on both items consists of 3 to 4 inch long abstract birds and animals spaced at intervals of 6 to 10 inches. The ground fabric portion of "Circus" has an average yarn number of 60, and the ground of "Favola" has an average yarn number of 70. Both samples have plain woven, bleached 100% cotton poplin ground fabrics made with carded yarns and 97 threads per square centimeter (cm). We assume that the ground fabrics measure between 101 and 200 grams per square meter (m), not including the weight of the embroidery threads. The fabrics will be imported in widths of 150 cm and shipped in rolls for quantities of more than 5 m in length, folded for quantities of less than 5 m. There will be no lines of demarcation for cutting the fabrics. As requested in your letter, the samples will be returned to you.

The applicable subheading for both of the samples will be 5810.91.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs; other embroidery; of cotton; other. The duty rates for the "Circus" and "Favola" fabrics will be 9.9 percent and 13.1 percent ad valorem, respectively.

The embroidered fabrics fall within textile category designation 229. Based upon international textile trade agreements, products of India are subject to quota and 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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jeff Konzet at 212-466-5885.


Roger J. Silvestri

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