CLA-2-58:S:N:N6: 351 880928

Ms. R. Lynn Thomas
Lin Lyn Trading Ltd.
P.O. Box 297
Woods Cross, Utah 84087

RE: The tariff classification of cotton embroidered motifs and wearing apparel parts from China.

Dear Ms. Thomas:

In your letter dated November 23, 1992, you requested a tariff classification ruling.

One sample of an embroidered fabric motif, item no. D106550, accompanied your correspondence. Five other fabric articles of similar construction are depicted in photocopies submitted with your letter, as follows: item nos. D106545 and D106548, motifs; and item nos. D106546, D106547 and D106549, wearing apparel parts. The merchandise is described as "shadow lace insets" or "battenburg" insets. The products have the appearance of open-work battenburg lace but are made of 100 percent cotton narrow fabric tapes that are sewn on to sheer woven polyester or cotton ground fabrics. Portions of the ground have been cut away. You estimate that the articles are 70 percent to 100 percent cotton/ 30 percent or less of polyester, by weight.

The three items considered to be motifs, item nos. D106550, D106545 and D106548, are diamond, circular and triangular-shaped appliques measuring between 6.5 and 13 inches in length.

The three items considered to be wearing apparel parts are intended to be used as yokes. Item nos. D106546 and D106547 are V-shaped articles measuring 12 inches in length. Item no. D106549 is a 20 by 11 inch donut-shaped yoke that encloses the front and back of a garment's neck opening.

The applicable subheading for the embroidered motifs; item nos. D106550, D106548 and D106545; will be 5810.91.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs; other embroidery; of cotton, other. We assume that the items weight 200 g/m2 or less. The rate of duty will be 8.4 percent ad valorem.

The embroidered wearing apparel parts, item nos. D106546, D106547 and D106549; will be classifiable under the provision for other made up clothing accessories; parts of garments or clothing accessories, other than those of heading 6212; parts; other; of cotton, in subheading 6217.90.0075, HTS. The rate of duty will be 15.5 percent ad valorem.

The motifs and wearing apparel parts fall within textile category designations 229 and 359, respectively. Based upon international textile trade agreements, products of China are subject to the requirement of a visa and quota restraints. The designated textile and apparel category 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport