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NY 886418

June 15, 1993

CLA-2-58:S:N:N6:349 886418


TARIFF NO.: 5805.00.2500; 6304.92.0000; 6304.99.3500

Mr. Michael Stein
Harmonized Customs Brokers, Inc.
Cargo Bldg. #110
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of a wool needlepoint tapestry and wallhangings from Haiti.

Dear Mr. Stein:

In your letter dated April 28, 1993 received in our office on May 17, 1993, you requested a tariff classification ruling on behalf of JCA, Inc.

You submitted a needlepoint tapestry Style no. 6601, a cross stitch wallhanging Style no. 2631, and a crewelwork wallhanging Style no. 396. Style number 6601 is comprised of wool yarn stitched (needle-worked) onto a square meshed cotton canvas. The needle-work completely covers the ground fabric. It depicts a house surrounded by a garden.

Style no. 2631 is a cross stitch wallhanging comprised of cotton thread stitched onto a cotton canvas. The cross stitch creates four different styled houses with a date underneath.

Style no. 396 is a crewelwork wallhanging comprised of wool yarn stitched onto a linen fabric. The wool yarns create a flower and vase design. All three samples are stapled to wooden boards and will be framed upon importation. As requested the samples are being returned.

The applicable subheading for the needlepoint tapestry, style 6601, will be 5805.00.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for hand-woven tapestries of the type Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up: other: of wool or fine animal hair: other. The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the cross stitch wallhanging, style 2631, will be 6304.92.0000, HTS, which provides for other furnishing articles , excluding those of heading 9404: other: not knitted or crocheted of cotton. The rate of duty will be 7.2 percent ad valorem.

The applicable subheading for the crewelwork wallhanging, style 396, will be 6304.99.3500, HTS, which provides for other furnishing articles, excluding those of heading 9404: other: not knitted or crocheted, of other textile materials: other: of vegetable fibers (except cotton): other. The rate of duty will be 12.8 percent ad valorem.

The needlepoint tapestry falls within textile category designation 414. The cross stitch wallhanging falls within textile category designation 369 and the crewelwork wallhanging falls within textile category designation 899. Based upon international trade agreements, products of Haiti are subject visa requirements.

Due to the problems in Haiti visa requirements and ITA-37OP requirements have been temporarily waived. Imports from and exports to Haiti other than certain excepted items are prohibited by Presidential Executive Orders 12775 dated October 4, 1991 and 12779 dated October 28, 1991. The commodities that are the subject of this ruling are not among the excepted items. We suggest that you contact the U.S. Department of the Treasury, Office of Foreign Assets Control, Washington, D.C. 20220, for information on this embargo and the procedures for obtaining an import/export license.

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 when the requirements are reinstated. 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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