CLA-2-58:S:N:N3H:351 874323
Dr. Ritu Lohtia
3247-I Flowers Road South
Atlanta, Georgia 30341
RE: The tariff classification of border fabrics of silk and metalized
yarns from India
Dear Dr. Lohtia:
In your letter dated April 28, 1992 you requested a classifica-
tion ruling. You have enclosed two samples, a "Zardozi Embroide-
red Border" and a "Zari Border," both of which are to be used as
"curtain trimmings."
The "Zardozi Embroidered Border" is a cut rectangular piece
of embroidered woven material measuring approximately 4 inches by
7 inches. You indicate that the material is 100% silk and that the
embroidery, which is of metalized yarn, forms traditional motifs.
The applicable subheading for the "Zardozi Embroidered
Border" will be 5810.99.0090 Harmonized Tariff Schedule of the
United States (HTS), which provides for embroidery in the piece...;
other embroidery; of other textile materials; other. The duty rate
will be 8.4% ad valorem. This item would not currently be subject
to quota or visa restrictions.
The "Zari Border" is a narrow woven material approximately 3
inches wide by 5 inches long, with a selvage along each edge. You
indicate that the material is 100% silk with traditional woven-in
designs of metalized yarn. You do not indicate the relative weights
of the silk and metalized yarn in this fabric, and the swatch you
submitted was too small for our laboratory to determine relative
weights.
The applicable subheading for the "Zari Border," if in chief
weight of silk, will be 5806.39.2000, HTS, which provides for narrow
woven fabrics...; other woven fabrics; of other textile materials; of
vegetable fibers, except cotton. The duty rate will be 5.6% ad
valorem. The applicable subheading for the "Zari Border," if in
chief weight of metalized yarns, will be 5806.39.3020, HTS, which
provides for narrow woven fabrics...; other woven fabrics; of other
textile materials; other; other; of metalized yarn. The duty rate
will be 3% ad valorem.
The "Zari Border," if classified under 5806.39.2000 HTS, falls
within textile category designation 899; if classified under 5806.39.-
3020 HTS, it falls within textile category designation 229. Based
upon international textile trade agreements, products of India are
subject to quota and the requirement of a visa.
You have also inquired whether these items would be exempt
from quota and visa restrictions as traditional "India Items" under
the Agreement regarding International Trade in Textiles and Textile
Products between the U.S.A. and India. These products are not
included on the current list of "India Items" associated with that
Agreement, and would therefore not be entitled to such an
exemption.
The designated textile and apparel categories may be sub-
divided 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