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NY C84832

March 18, 1998

CLA-2-61:RR:NC:3:353 C84832


TARIFF NO.: 6117.80.9540;6217.10.9530

Joseph P. Cox
Stein Shostak Shostak & O'Hara
Suite 1200
515 South Figueroa Street
Los Angeles, CA 90071-3329

RE: The tariff classification of appliques from China

Dear Mr. O'Hara:

In your letter dated February 24, 1998 you requested a classification ruling.

The samples submitted are 3 appliques. Style M-1607 is a black V-shaped applique with sequins and a back of polyester sheeting. Style M-9301 is a blue triangular applique with beads and sequins and a back of polyester sheeting. Style D-9035 is a green polyester net butterfly shaped applique with beads and sequins.

You state that these items are motifs sold and used for various purposes, are not designed for any one particular use and suggest that these items are properly classified under subheading 5810.92.1000. Examination of the samples reveals items that are designed to be applied to the neckline of women's dresses as a decorative enhancement to the garment. It does not appear that they could be used for any other purpose.

The applicable subheading for styles M-1607 and M-9301 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: Other...Of man-made fibers." The duty rate will be 15.1% ad valorem.

The applicable subheading for style D-9035 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other...Of man-made fibers: Other." The duty rate will be 15.1% ad valorem.

Styles M-1607, M-9301 and D-9035 fall within textile category designation 659. Based upon international textile trade agreements products of China 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 Kenneth Reidlinger at 212-466-5881.


Robert B. Swierupski

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