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NY B81575

February 7, 1997

CLA-2-84:S:N:N1:104 B81575


TARIFF NO.: 8452.29.9000

Ms. Pam Brown
Cargo U.K., Inc.
4790 Aviation Parkway
Atlanta, Georgia 30349

RE: The tariff classification of a sewing machine with accessories (including 3 spools of thread) from China.

Dear Ms. Brown:

In your letter dated January 20, 1997 on behalf of Singer Sewing Company of Edison, New Jersey you requested a tariff classification ruling.

You have submitted a sample of the Tiny Serger Overedging Machine. Features of the Tiny Serger include a built-in threading light, presser foot lifter, tension dial, folding thread stand, color coded threading diagram (under the cover), hand wheel (for raising or lowering the needle), AC adapter and foot control. The accessories packaged and sold with the machine include tweezers, 3 medium and 3 large thread caps, 2 threaders, 2 needles and three spools of thread. The machine is capable of a flatlock stitch and overedge stitch. It does not have a bobbin. (The sample will be returned.)

The sales carton invites the prospective customer to "add a professional finish to all your home decor and apparel projects". The Singer 90 day limited warranty does not include damage to the product resulting from unauthorized repair, commercial use, accident or misuse. Although the Tiny Serger is clearly for household use, it cannot be classified under HTS subheading 8452.10 which provides for sewing machines of the household type. The Court in Pfaff American Sales Corp., v. United States, 17 CIT 550 (1993) determined that (in addition to certain other specifications) sewing machine of the household type must be capable of at least a lock-stitch operation wherein a bobbin is used to form a sewing stitch and at least two threads interlock in the material.

The Tiny Serger and accessories described above are classifiable as a set under subheading 8452.29.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other sewing machines: other: other. The rate of duty will be 1 percent.

Even though the thread is included as a constituent part of the set for classification purposes, it still falls within textile category 200, and products originating in China are subject to visa and quota requirements which must still be met.

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 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 Robert Losche at 212-466-5670.


Robert Swierupski
Chief, Machinery Branch

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