HQ 555309: Free entry of textile samples used to solicit foreign orders

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 555309

                                    June 6, 1989


          CLA-2-CO:R:C  555309 RA

          CATEGORY: Classification

          TARIFF NO.: 9811.00.60, HTSUS

          Harvey A. Isaacs, Esq.
          Siegel, Mandel & Davidson, P.C.
          One Whitehall Street
          New York, New York 10004

          RE: Free entry of textile samples used to solicit foreign orders

          Dear Sir:

               This ruling is in response to your letter of February 23,
          1989, regarding the eligibility under subheading 9811.00.60,
          Harmonized Tariff Schedule of the United States (HTSUS), of
          certain fabric samples your client Manuel Canovas, Inc.,
          contemplates importing from France for use in soliciting orders
          for foreign merchandise.

          FACTS:

               The first sample is a piece of Chintz fabric with a printed
          design about 1 1/2 yards in length and about 1 yard in width.
          The second sample is a piece of rayon fabric in a checkerboard
          pattern about 1 yard in width and 1 1/2 yards in length, with
          seven 8 1/2 inch by 9 1/2 inch swatches of identical fabric sewn
          to the larger piece to indicate the range of available colors.
          The samples are valued in excess of $100 per yard and will be
          imported solely for soliciting foreign orders of similar fabric.
          The chintz piece represents one full repeat of the fabric pattern
          which is the minimum size usable as a sample as it permits
          viewing of the entire pattern.  The piece of rayon fabric  with
          several swatches sewn to it, which serve as an adjunct to the
          larger piece, allows a showing of the entire sweep and visual
          effect of the fabric pattern.  The fabric pieces will be imported
          from a country to which quota and visa requirements do not apply.

          ISSUE:

               Are the fabric pieces classifiable under the free provision
          in subheading 9811.00.60, HTSUS, for samples used to solicit
          foreign orders of the merchandise?  Must they be treated in
          conformity with the guidelines set forth in our telex of
          February 11, 1987?










                                        - 2 -


          LAW AND ANALYSIS:

               In order for pieces of fabric to be free of duty under
          subheading 9811.00.60, HTSUS, they must be valued at less than $1
          or treated to render them commercially unsuitable for any use
          other than as samples for taking orders for foreign-made fabric.
          In addition, the treatment administered should conform to the
          guidelines set forth in our telex dated February 11, 1987.  As
          you know, these guidelines provide that in case of textile
          fabrics not over two yards in length, the fabric must be marked
          or perforated with the word "sample" at least one inch in height
          and not less than five inches in length on the face or front of
          the fabric in contrasting color.  In the case of fabric swatches
          a hole one inch in diameter must be cut in the main body of the
          fabric or the swatch should be marked with the word "sample" in
          indelible ink or paint in a contrasting color and at least one
          inch in height and two inches in length.

               Conformity with the prescribed guidelines is considered a
          prerequisite to eligibility for free entry as samples treated to
          render them usable only for taking foreign merchandise orders.
          The fact that the samples are imported from a country to which
          textile quota and visa requirements do not apply is not
          considered to be sufficient ground for waiving the requirements
          specified in the guidelines.

          HOLDING:

               In order to be accorded free entry under the provisions of
          subheading 9811.00.60, HTSUS, samples valued over one dollar to
          be used for taking orders for foreign products must be treated by
          marking or cutting in accordance with the guidelines set forth in
          our telex of February 11, 1987.

                                        Sincerely,





                                        John Durant, Director
                                        Commercial Rulings Division