CLA-2-63:S:N:N6:349 886898
6304.92.0000
Ms. Lee Appleton
Liliworks, Inc.
P.O. Box 2840
Sag Harbor, NY 11963
RE: The tariff classification of an embroidered cotton
handtowel, sheet and pillowcase, and pillow sham from Haiti.
Dear Ms. Appleton:
In your letter dated May 20, 1993, received in this office
on June 3, 1993, you requested a tariff classification ruling.
You have submitted four samples of hand embroidered home
furnishing products. All items are made from a 100 percent cotton
woven fabric. The fabric and embroidery threads are purchased in
the United States and sent to Haiti for cutting, embroidery and
finishing. These items would be considered a product of Haiti.
The handtowel, item no. EC1, is approximately 15 x 22 inches and
contains an embroidered floral design at one end. One of the
narrow edges is finished with a scalloped embroidery and the
other is hemmed using hemstitching. The two long sides are
finished with a plain hem.
Item no. EC21 is an infant's sheet and pillowcase set. The
pillowcase measures approximately 11 x 16 inches. It contains
scalloped embroidery at the open end and is embroidered with
small hearts and dots. The flat sheet has the same embroidered
designs as the pillowcase and measures approximately 45 x 67
inches. The pillow sham is a representative sample of item
numbers EC6/7/8/9 which differ by size and embroidered designs.
The submitted sham measures approximately 16 inches square and
has an overlapping flap type opening on the back for the
insertion of a pillow.
The applicable subheading for the infant's pillowcase will
be 6302.31.1020, Harmonized Tariff Schedule of the United States
(HTS), which provides for bed linen, table linen, toilet linen
and kitchen linen: other bed linen: of cotton: containing any
embroidery, lace, braid, edging, trimming, piping or applique
work... pillowcases: not napped. The rate of duty will be 23.8
percent ad valorem.
The applicable subheading for the infant's sheet will be
6302.31.1040, HTS, which provides for bed linen, table linen,
toilet linen and kitchen linen: other bed linen: of cotton:
containing any embroidery, lace, braid, edging, trimming, piping
or applique work... sheets: not napped. The duty rate will be
23.8 percent ad valorem.
The applicable subheading for the handtowel will be
6302.91.0050, HTS, which provides for bed linen, table linen,
toilet linen and kitchen linen: other: of cotton... other:
towels: other. The duty rate will be 10.5 percent ad valorem.
The applicable subheading for the pillow sham will be
6304.92.0000, HTS, which provides for other furnishing articles:
not knitted or crocheted, of cotton. The rate of duty will be 7.2
percent ad valorem.
The handtowel and pillow sham fall within textile category
designation 369. The pillowcase falls within textile category
designation 360 and the sheet falls within textile category
designation 361. Based upon international trade agreements,
products of Haiti are subject to visa requirements.
Due to the problems in Haiti visa and ITA-370P requirements
have been temporarily waived. Imports from and exports to Haiti
other than certain excepted items are prohibited by Presidential
Executive Orders 12775 dated October 4, 1991 and 12779 dated
October 28, 1991. The commodities that are the subject of this
ruling are not among the excepted items.
You have enclosed a copy of a license (License No. H2-0611)
granted to you by the Office of Foreign Assets Control. The
license permits you to export to and import from Haiti certain
commodities under specific terms and conditions. The license will
have to be presented at the time of entry of your 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 when the
requirements are reinstated. 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.
The submitted samples are not marked with their country of
origin. Section 134.11 of the Customs Regulations (19 C.F.R.
134.11) provides in part:
Unless excepted by law...every article of foreign
origin (or
its container) imported into the U.S. shall be marked
in a
conspicuous place as legibly, indelibly, and
permanently as
the nature of the article (or container) will permit,
in such
a manner as to indicate to an ultimate purchaser in the
U.S.
the English name of the country of origin of the
article, at
the time of importation into the Customs territory of
the U.S.
Additionally, please note that separate Federal Trade
Commission marking requirements exist regarding country of
origin, fiber content, and other information that must appear on
many textile items. You should contact the Federal Trade
Commission, Washington, D.C., 20580, for information on the
applicability of these requirements to this item.
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