NY 866730: The tariff classification of embroidered motifs from India.

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.

                              NY 866730
                 
September 13, 1991

CLA-2-58:S:N:N3H:351 866730

CATEGORY:  Classification

TARIFF NO.: 5810.10.0000; 9802.00.80

Mr. P.A. Johnson
C.H. Powell Company
P.O. Box 270
Greer, S.C. 29652


RE:  The tariff classification of embroidered motifs from India.

Dear Mr. Johnson:

     In your letter received in our office on September 3, 1991,
on behalf of Enkay Fashions, you requested a tariff
classification ruling.  

     You have submitted a sample of an American made burnt-out
lace motif, sample "A", and a sample of the same motif which had
been exported to India for ornamentation with plastic sequins and
imitation pearls sewn on to the fabric by hand, sample "B".  The
triangular shaped motif measures approximately 7 inches by 3
inches.  The American made "lace" is made of 80% rayon and 20%
cotton fibers (the core), and it is considered to be an
embroidered fabric without visible ground.  The ground fabric was
removed chemically or burnt-out.  The American made burnt-out
lace fabrics will be exported to India on rolls (in the piece)
and returned after the beading work on rolls, uncut.  They will
be cut to motif sizes in the United States during the
manufacturing of ornamented ladies' dresses.

     In your letter, you inquirer as to the applicability of
subheading 9802.00.50, Harmonized Tariff Schedule of the United
States (HTS).  This provision would not apply to yours
merchandise; however, subheading 9802.00.80, HTS, which provides
for articles assembled abroad..., will be applicable if the
requirements of the Customs Regulations are met.  An allowance
will be made for the value of the supplied American made burnt-
out lace if the fabric is returned to the United Stated in the
same sizes as sent out or cut to smaller pieces in India only for
the convenience of handling.  No allowance will be made for the
India-made sequins, beads and thread when imported into the
United States or for any motifs which have been cut to shape in
India. 
     The applicable subheading for the motifs will be
5810.10.0000, HTS,  which provides for embroidery in the piece,
in strips or in motifs, embroidery without visible ground.  The
rate of duty will be 16 percent ad valorem.  

     The ornamented motif falls within textile category
designation 229.  Based upon international textile trade
agreements, products assembled from American made components in
India are subject to the requirements of a visa and quota
restraints in the same manner as they would apply to other
imported merchandise.

     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.



                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport