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
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
Jean F. Maguire
New York Seaport