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NY K83863

March 15, 2004
CLA-2-58:RR:NC:TA:352 K83863


TARIFF NO.: 5810.99.9000

Mr. Jim Reynolds
John A. Steer Co.
28 South Second Street
Philadelphia, PA 19106

RE: The tariff classification of four embroidered plain woven fabrics from the China.

Dear Mr. Reynolds:

In your letter dated February 27, 2004, on behalf of your client Vaughan Designs, you requested a tariff classification ruling.

Four samples of embroidered woven fabric accompanied your request for a ruling. The fabrics have been designated as styles “Samos Embroidered” code NF02/G, “Samos Embroidered” code NF02/I, “Samos Embroidered” code NF02/R and “Ortaca” code NF04. Each of the base fabrics is identical in construction and fiber content. The styles vary only in the motif and/or color that has been embroidered onto the ground fabrics. All the products are plain woven fabrics composed of 100% linen that have been embroidered with rayon thread. The fabrics all weigh approximately 370 g/m2. The three styles designated as “Samos Embroidered” codes NF02/I, NF02/G and NF02/R will be imported in 117 centimeter widths while style “Ortaca” will be imported in 123 centimeter widths.

The applicable subheading for the embroidered fabrics designated as styles “Samos Embroidered” code NF02/G, “Ortaca” code NF04, “Samos Embroidered” code NF02/I and “Samos Embroidered” code NF02/R will be 5810.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs, other embroidery, of other textile materials, other. The duty rate for this provision is governed by Additional U.S. Note 5 to Chapter 58 which provides that the rate of duty is 4.2 percent ad valorem but in the case of embroidery in the piece not less than the rate which would apply to the product if not embroidered. Since the ground fabrics without the embroidery are 100% linen plain woven fabrics classifiable in subheading 5309.11.00, HTS, which provides for a free rate of duty, the rate of duty for the embroidered fabrics will be 4.2 percent ad valorem

At the present time goods classifiable in subheadings 5810.99.9000, HTS, are not subject to either quota restraints or visa requirements when produced in the China.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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 these items.

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 Alan Tytelman at 646-733-3045.


Robert B. Swierupski

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