HQ 0081879 - Tariff classification of beaded embroideries - United States International Trade Commision Rulings

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HQ 081879

September 22, 1988

CLA-2 CO:R:C:G 081879 SM 827993

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.0020

Mr. Joe Tam
559 Seventh Avenue #3
San Francisco, CA 94118

RE: Tariff classification of beaded embroideries

Dear Mr. Tam:

Your letter of January 15 to our New York office, requesting a tariff classification ruling for certain beaded embroideries to be imported from Hong Kong, has been referred to this office for reply with regard to classification under the Harmonized Tariff Schedule of the United States Anno- tated (HTSUSA).

FACTS:

One sample was submitted. It is a hand-beaded applique, in the shape of the head of Donald Duck wearing a top hat, consisting of a combination of beads and sequins of various colors sewn to nylon organza fabric. It would be used to decorate a dress, a blouse, or some similar garment.

ISSUE:

How is the beaded and sequined applique classified under the HTSUSA?

LAW AND ANALYSIS:

Under the Tariff Schedules of the United States, tex- tile articles with some bead work were considered ornamented textile articles. If completely covered with beads, however, they were generally classified as articles of beads or as articles of personal adornment. The HTSUSA, however, makes no distinction between ornamented and unornamented textile arti- cles. The HTSUSA is a new law with new rules for the classi- fication of imported articles.

Classification under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first according to the terms of the headings of the tariff schedule and any relative section and chapter notes.

Heading 5810 provides for "[e]mbroidery in the piece, in strips, or in motifs." Chapter Note 6 for Chapter 58 provides that this heading includes, among other things, "sewn applique work of sequins, beads or ornamental motifs of textile or other materials."

The Explanatory Notes, the official interpretation of the HTSUSA at the international level, for this heading, state further that "the embroidery classified here comprises mainly three types of articles." The third of these, "applique work," appears to be relevant in this case. It is defined as:
a ground of textile fabric or felt on which are sewn, by embroidery or ordinary stitches:

(A) Beads, sequins or similar ornamental accesso- ries; these accessories are generally made of glass, gelatin, metal, or wood, and are sewn so as to produce a pattern or scattered design on the ground fabric.

. . . .

All varieties of embroidery described remain within this heading when in the following forms:

. . . .

(2) In the form of motifs, i.e., individual pieces of embroidered design serving no other func- tion than to be incorporated or appliqued as elements of embroidery in, for example, under- wear or articles of apparel or furnishings.

It appears that the sample you have submitted falls within the above description. There is a ground of textile fabric on which are sewn beads and sequins producing a pat- tern. It is an individual piece of embroidered design that will serve to be incorporated in or appliqued to wearing apparel articles or furnishings.

HOLDING:

The applique is classifiable as embroidery under heading 5810 following GRI 1. The applicable subheading is 5810.92.0020, HTSUSA, textile category 229. This classifica- tion represents the present position of the Customs Service under the HTSUSA. If there are changes before the effective date of January 1, 1989, this advice may not continue to be applicable.

Sincerely,

John Durant, Director
Commercial Rulings Division

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