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NY N009219

May 3, 2007



TARIFF NO.: 5810.91.0020

Mr. Garth Pauley
Jo-Ann Stores, Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of an embroidered motif from China.

Dear Mr. Pauley:

In your letter dated March 30, 2007 you requested a tariff classification ruling. The sample is being returned as requested.

The submitted sample, designated as style number 24416, is an embroidered motif. It is characterized by different textures and qualities of fabric cut to shape and appliquéd onto a base fabric of 100% cotton plain woven fabric which in turn has been cut to the shape of a skeletal skull. In addition to the appliquéd fabric shapes which form the eyes, mouth and nose of the skull-like figure, embroidery stitches accent the motif by outlining the skull shape and adding emphasis to the eyes and mouth. The back of the embroidered motif has been coated with a plastic material which facilitates its attachment as an appliqué to a variety of garments.

The applicable subheading for the embroidered motif will be 5810.91.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for embroidery in the piece, in strips or in motifs, other embroidery, of cotton, other. The duty rate will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling on the embroidered motifs designated as styles 24407, 24414, 24405, 24404, 24417, and 24415. Your request for a classification ruling should include a sample, and a complete description of the ground fabric including fiber content, weave or construction, yarns sizes, weight and any other specifications available. 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. Please note that rulings are limited to a maximum of five similar 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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