CLA-2-58:S:N:N6:351 814296
Ms. Marilyn Conner
U.S. Brokers (LAX), Inc.
8635 Aviation Boulevard
Inglewood, CA 90301
RE: The tariff classification of American-made raschel knit fabric
beaded in India.
Dear Ms. Conner:
In your letter dated August 25, 1995, on behalf of Danile
Labib DBA Classy Fabric, you requested a classification ruling.
You have submitted two samples of fabrics, as follows: (1) a
floral design, raschel knit open-work "lace" fabric made in South
Carolina, before exportation to India; and (2) the same fabric
after embroidery in India. No style numbers are indicated in your
correspondence or on the samples. On sample (2), the embroidery
work embellishing the raschel ground fabric consists of sequins and
imitation pearl beads hand stitched on to the fabric. The knitted
fabric is made of 100% polyester and measures about 58 inches in
width. It will be shipped to India in the piece. We assume that
after the fabric has been beaded in India, it will be shipped back
to the United States in the same widths and quantity.
The applicable subheading for the ornamented fabric will be
5810.92.9080, Harmonized Tariff Schedule of the United States
(HTS), which provides for embroidery in the piece, in strips or in
motifs; other embroidery; of man-made fibers; other; other; other.
The duty rate will be 13.6 percent ad valorem.
In addition, the provision for articles assembled abroad ...,
in subheading 9802.00.8065, HTS, is applicable if the requirements
of the Customs Regulation are met. Stitching beads to a ground
fabric is considered an assembly process. An allowance will be
made for the value of the supplied American-made raschel fabric.
For an allowance, the fabric must be returned to the United States
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 value of the Indian-made beads when imported into the
United States.
The embroidered fabric falls within textile category
designation 229. Based upon international textile trade
agreements, products of India are subject to the requirement of a
visa in the same manner as it would apply to other imported
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. 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