CLA-2-58:S:N:N6:351 805708
Mr. R. Lynn Thomas
Lin Lyn Trading Ltd.
P.O. Box 297
Woods Cross, Utah 84087
RE: The tariff classification of linen/cotton battenberg lace
motifs from China.
Dear Mr. Thomas:
In your letter dated December 28, 1994, you requested a tariff
classification ruling.
You have submitted one sample and six photocopies of various
battenberg lace motifs. All are 55% linen and 45% cotton squares
measuring 9 inches by 9 inches. They are made in various designs
composed of portions of battenberg lace and portions of woven
fabric. The battenberg lace constitutes approximately 50% of the
surface area of the motifs, and provides the essential character of
the motifs. Some of the woven portions have a small amount of
embroidery. All seven of the items are identified as item
WINDOWPANE and reflect various patterns such as a house, a palm
tree, four-pointed stars and four-pointed snowflakes. You state in
your letter that these motifs will be used primarily as appliques
or insets for wearing apparel.
The applicable subheading for the motifs will be 5804.30.0090
Harmonized Tariff Schedule of the United States (HTS), which
provides for lace in the piece, in strips or in motifs; hand-made
lace; other. The rate of duty will be 14.8 percent ad valorem.
These motifs fall within textile category designation 899.
Based upon international textile trade agreements products of China
are subject to the requirement of a visa.
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. 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