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NY 884608

April 7, 1993

CLA-2-58:S:N:N6:351 884608


TARIFF NO.: 5810.92.0080

Mr. Peter Weinrauch
Import Commodity Group Ltd.
156-15 146th Ave.
Suite 314
Jamaica, NY 11434

RE: The tariff classification of embroidered fabrics with sequins, from Korea.

Dear Mr. Weinrauch:

In your letter dated March 26, 1993, on behalf of Intertex Fabrics Ltd., you requested a tariff classification ruling.

You have submitted one sample of an embroidered fabric, as follows: style name "4 Stitch." The sample fabric has sheer plain woven black ground fabric made of 100 percent polyester fibers, and it has plastic sequins sewn on to the ground. The black sequins are in rows and spaced 2 to 3 millimeters apart. We assume that the fabric will be imported in the piece on rolls measuring 225 centimeters or less in width.

In your letter, you inquire as to whether any copyright applies to this item. Our records show that none of the copyrighted embroidered sequin patterns with an image on file with the U. S. Customs Service are similar in design to that of the submitted sample. To obtain information about copyright nos. 88-00212, 88-0283 and 92-00494, which do not have images on file; please write to Customs Headquarters at the following address: Intellectual Property Rights Branch, Office of Regulations and Rulings, U. S. Customs Service, 1301 Constitution Avenue, N.W., (Franklin Court, 4th Floor), Washington, D.C. 20229-0001.

The applicable subheading for the embroidered fabric with sequins will be 5810.92.0080, 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. The rate of duty will be 17 percent ad valorem.

The fabrics fall within textile category designation 229. Based upon international textile trade agreements, products of Korea are subject to the requirement of a visa and quota restraints. The designated textile and apparel category 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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