CLA-2-63:S:N:N6:349 886898

6304.92.0000


Ms. Lee Appleton
Liliworks, Inc.
P.O. Box 2840
Sag Harbor, NY 11963

RE: The tariff classification of an embroidered cotton handtowel, sheet and pillowcase, and pillow sham from Haiti.

Dear Ms. Appleton:

In your letter dated May 20, 1993, received in this office on June 3, 1993, you requested a tariff classification ruling.

You have submitted four samples of hand embroidered home furnishing products. All items are made from a 100 percent cotton woven fabric. The fabric and embroidery threads are purchased in the United States and sent to Haiti for cutting, embroidery and finishing. These items would be considered a product of Haiti. The handtowel, item no. EC1, is approximately 15 x 22 inches and contains an embroidered floral design at one end. One of the narrow edges is finished with a scalloped embroidery and the other is hemmed using hemstitching. The two long sides are finished with a plain hem.

Item no. EC21 is an infant's sheet and pillowcase set. The pillowcase measures approximately 11 x 16 inches. It contains scalloped embroidery at the open end and is embroidered with small hearts and dots. The flat sheet has the same embroidered designs as the pillowcase and measures approximately 45 x 67 inches. The pillow sham is a representative sample of item numbers EC6/7/8/9 which differ by size and embroidered designs. The submitted sham measures approximately 16 inches square and has an overlapping flap type opening on the back for the insertion of a pillow.

The applicable subheading for the infant's pillowcase will be 6302.31.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of cotton: containing any embroidery, lace, braid, edging, trimming, piping or applique work... pillowcases: not napped. The rate of duty will be 23.8 percent ad valorem. The applicable subheading for the infant's sheet will be 6302.31.1040, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other bed linen: of cotton: containing any embroidery, lace, braid, edging, trimming, piping or applique work... sheets: not napped. The duty rate will be 23.8 percent ad valorem.

The applicable subheading for the handtowel will be 6302.91.0050, HTS, which provides for bed linen, table linen, toilet linen and kitchen linen: other: of cotton... other: towels: other. The duty rate will be 10.5 percent ad valorem.

The applicable subheading for the pillow sham will be 6304.92.0000, HTS, which provides for other furnishing articles: not knitted or crocheted, of cotton. The rate of duty will be 7.2 percent ad valorem.

The handtowel and pillow sham fall within textile category designation 369. The pillowcase falls within textile category designation 360 and the sheet falls within textile category designation 361. Based upon international trade agreements, products of Haiti are subject to visa requirements.

Due to the problems in Haiti visa and ITA-370P requirements have been temporarily waived. Imports from and exports to Haiti other than certain excepted items are prohibited by Presidential Executive Orders 12775 dated October 4, 1991 and 12779 dated October 28, 1991. The commodities that are the subject of this ruling are not among the excepted items.

You have enclosed a copy of a license (License No. H2-0611) granted to you by the Office of Foreign Assets Control. The license permits you to export to and import from Haiti certain commodities under specific terms and conditions. The license will have to be presented at the time of entry of your merchandise.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected when the requirements are reinstated. 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. The submitted samples are not marked with their country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Additionally, 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, Washington, D.C., 20580, for information on the applicability of these requirements to this item. 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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport