The tariff classification of border fabrics of silk and metalized yarns from India

NY 874323 May 19, 1992 CLA-2-58:S:N:N3H:351 874323 CATEGORY: Classification TARIFF NO.: 5806.39.2000, 5810.99.0090, 5806.39.3020 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