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February 11, 1999

CLA-2-58:RR:NC:TA:349 D87526


TARIFF NO.: 5805.00.2500

Mr. Al Dwek
Telescope Structures Inc.
109 Phillips Avenue
Deal, NJ 07723

RE: The tariff classification of a needlepoint tapestry from China.

Dear Mr. Dwek:

In your letter dated January 14, 1999 you requested a classification ruling.

The submitted item is a representative sample of a wool needlepoint tapestry. Wool yarn is stitched (needle?worked) on a square meshed cotton canvas. The needle?work completely covers the ground fabric. The tapestry features a floral design. In your letter you indicate the tapestry will be imported in various large sizes for example 4 foot by 6 foot and 6 foot by 9 foot.

The applicable subheading for the needlepoint tapestry 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 1.8 percent ad valorem.

The needlepoint tapestry fall within textile category designation 414. Based upon international trade agreements, products of China are subject to quota and visa requirements.

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. 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.

The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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 John Hansen at 212-637-7078.


Robert B. Swierupski

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