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NY L84283




April 25, 2005

CLA-2-58:RR:NC:TA:352 L84283

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.1000

Ms. Carol Krupskas
KAT Import Brokers
Airport Ind. Office Park, Building B4A

Valley Stream, NY 11581

RE: The tariff classification of three embroidered trimmings or motifs from China.

Dear Ms. Krupskas:

In your letter dated April 14, 2005, on behalf of your client Horizon Fabrics, you requested a tariff classification ruling. The samples are being returned as requested.

Three samples of embroidered trimmings accompanied your request for a ruling. Style G-19413 is an embroidered motif created by stitching glass and plastic beads as well as gimped yarn to a base fabric. The decorative yarn has been gimped with a Lurex type metalized strip and then sewn to the base fabric creating a stylized floral design. The base fabric is a sheer lightweight plain woven fabric composed of 100% filament nylon. The irregularly shaped motif measures approximately 3 inches by 5 inches. The motif is a decorative element that is designed to be appliquéd onto items of apparel.

The applicable subheading for the embroidered motif designated as style G-19413 will be 5810.92.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs, other embroidery, of man-made fibers, badges, emblems and motifs. The duty rate will be 4.2 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on styles G-19414 and G-19415. Your request for a classification ruling should include the fiber content of the base fabric for style G-19415 treating filament and staple fibers of the same generic type as separate textile materials. In addition, please provide data on the weave, weight in grams per square meter, whether the fabric is bleached and whether the yarns used to weave the base fabric are textured. For style G-19414 please provide a complete description of the manufacturing process including the machinery used to manufacture this product. In addition, please indicate whether this product was embroidered onto a base fabric and if so, the mechanism used to remove the base fabric. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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.

Sincerely,

Robert B. Swierupski
Director,

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