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NY 891913

November 8, 1993

CLA-2-58:S:N:N6:351 891913


TARIFF NO.: 5810.92.0080

Mr. Mukesh Vasvani
Intertex Fabrics Limited
85 Livingston St., Suite 14H
Brooklyn, NY 11201

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

Dear Mr. Vasvani:

In your letter dated October 25, 1993, you requested a tariff classification ruling.

You have submitted one sample swatch of an embroidered fabric identified as "3 Stitch Sequins." The sample fabric has sheer plain woven blue ground fabric made of 100 percent polyester fibers, and it has blue metallic plastic sequins sewn on to the ground with 3 stitches for each sequin. The sequins are in rows and spaced 2 to 3 millimeters apart. The fabric will be imported in the piece on rolls measuring between 45 and 60 inches in width. In your letter, you also inquire about the classification and patent for a beaded fabric where the ground is a man-made fiber knitted lace. In order for us to rule on this second item, a sample will have to be submitted to our office with your request.

You inquire as to whether any copyright applies to the sample swatch. 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, 88-00283 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 fabric falls 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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