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NY A81968





April 12, 1996

CLA-2-61:RR:NC:5:353 A81968

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.9030

Mr. David A. Eisen
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway, 43rd Floor
New York, N.Y. 10036-8901

RE: The tariff classification of a textile brooch from China and/or Taiwan.

Dear Mr. Eisen:

In your letter dated March 27, 1996, on behalf of Avon Producers, Inc., you requested a classification ruling. A sample was submitted for examination and will be returned per your request.

You state that you believe that the subject merchandise is classifiable within subheading 7117.90.90, HTSUSA, the provision for imitation jewelry. However this article cannot be so classified because of Note 3 (g) to Chapter 71 which states: "This chapter does not cover: Goods of section XI (textile and textile articles)".

The submitted sample, stated to be made from 100% polyester fabric, is an oval shaped brooch, approximately 3 1/2 inches by 4 1/2 inches and shaped to represent a flower. The brooch is constructed of concentric circles of knit netting trimmed with woven fabric which is attached to three fabric petals of knit netting also trimmed with woven fabric. The woven trim constitutes provides the structure of the flower and imparts the essential character to the article. There is a metal bar-pin clasp closure sewn in at the rear of the article so that it may be attached to a garment.

The applicable subheading for the textile brooch will be 6217.10.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other..... Of man-made fibers". The duty rate will be 15.3 percent ad valorem.

The textile brooch falls within textile category designation 659. Based upon international textile trade agreements products of China and or/Taiwan 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 Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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