HQ 084279: Religious emblems. quota;exempt;CITA

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                         HQ 084279

                          July 20, 1989

CLA-2 CO:R:C:G  084279  HP

CATEGORY:  Classification

TARIFF NO.:  5810.91.00

M. Itender P. Singh
MDS Intercontinental Limited
P.O. Box 25957
Los Angeles, CA 90025

RE:  Religious emblems. quota;exempt;CITA

Dear M. Singh:

     This is in reply to your letter of April 10, 1989,
concerning
the quota-exempt status of religious emblems, produced in India,
under the Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).

FACTS:

     The merchandise at issue consists of a 100 percent cotton
emblem, in the shape of a cross, embroidered by hand, using
metallized yarn.

ISSUE:

     Whether the merchandise is eligible for quota-exempt status
under the HTSUSA?

LAW AND ANALYSIS:

     Subheading 5810.91.00, HTSUSA, provides for embroidery in
the piece, in strips or in motifs, of cotton.  The applicable
textile
category for quota/visa purposes is 229, under which you state
you
have been unable to obtain a visa.

     You state that you have imported these emblems for over
forty years in non-quota classifications.  You also provided
telexes
from representatives from India's Ministry of Commerce, which we
have no reason to doubt, stating that the embroidered emblems
should be considered handicraft items and should be quota exempt.

     It is true that prior to the implementation of the HTSUSA,
embroidered emblems were classified in non-quota classifications.
While the change to the HTSUSA was intended to be, to the extent
practicable, quota and duty neutral, it was impossible to avoid
some
changes when converting from our previously national Tariff
Schedule of the United States (TSUS) to the international HTSUSA.
     Quotas for hand-loomed and folklore products are negotiated
by the United States Department of Commerce, Committee for the
Implementation of Textile Agreements.  Currently, hand-
embroidered
zari emblems provided for under subheading  5810.91, HTSUSA, are
not one of the hand-loomed and folklore products which are quota-
exempt, based upon the United States visa agreement with India.
As a result, the instant merchandise requires either a visa in
category 229, or a visa waiver.

     Information about visa waivers can be obtained by writing:

                              Chairman
                              Committee for the Implementation
                                of Textile Agreements
                              U.S. Department of Commerce, Room 3001
                              Washington, D.C.  20230

 HOLDING:

     As a result of the foregoing, the instant merchandise is classified
 under subheading 5810.91.00, HTSUSA, textile category 229, as
 embroidery
 in the piece, in strips or in motifs, other embroidery, of cotton.  The
 applicable rate of duty is 8.4 percent ad valorem.

     Due to the changeable nature of the statistical annotation (the
 ninth
 and tenth digits of the classification) and the restraint (quota/visa)
 categories, you should contact your local Customs office prior to
 import
 ing the merchandise to determine the current applicability of any
 import
 restraints or requirements.


                                   Sincerely,


                                   John Durant, Director
                                   Commercial Rulings Division