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HQ 084004

March 30, 1989

CLA-2 CO:R:C:G 084004 SM

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.0010

Mr. Henry A. Goldman
Gold Crest Ltd.
P.O. Box 8275
Van Nuys, CA 91409

RE: Tariff classification of certain crests

Dear Mr. Goldman:

Your letter of March 16 requests a tariff classifica- tion ruling for certain crests imported from India. It is our understanding that two entries of the merchandise in question are being held at Los Angeles for want of an appropriate visa.

FACTS

A sample of the merchandise was submitted. It consists of a crest with three pins on the back, designed to be worn, for example, on the pocket of a blazer. The letters and sym- bols of the crest are hand-embroidered on fabric stated to be cotton velvet, using gold- or silver-plated copper wire. A piece of cardboard is inserted between the velvet and a fabric backing.

You believe that the merchandise is classifiable under either heading 7117, Harmonized Tariff Schedule of the United States Annotated (HTSUSA) a provision for imitation jewelry; or heading 5810, HTSUSA, a provision for embroidery in the piece, in strips or in motifs; or heading 5805, HTSUSA, a pro- vision for hand-woven Gobelins or similar tapestries, or needle-worked tapestries, whether or not made up. Customs officials at the port have informed you that the merchandise is classifiable under heading 6217, HTSUSA, a provision for other made up clothing accessories.

ISSUE:

Are the crests classified under heading 7117, 5810, 5805, or 6217, HTSUSA, or some other heading?

LAW AND ANALYSIS:

Classification under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the heading of the tariff and any relative section or chapter notes, and then, if necessary, in accordance with the remaining GRI's.

Heading 7117, HTSUSA, provides for imitation jewelry. Note 1(f) of the chapter specifically excludes goods of Section XI, i.e., textiles and textile articles. Thus, if the crests meet the requirements of Section XI, they cannot be classified under heading 7117.

Heading 5805, HTSUSA, includes two basic types of goods. One is hand-woven tapestries such as Gobelins tapestries. The crests are clearly not this type of merchandise. The second type provided for here is needle-worked tapestries, for example, petit point, cross stitch, whether or not made up. The Explanatory Notes (EN), the official interpretation of the HTSUSA at the international level, state that tapestries are used mainly for furnishing purposes, such as covering walls or upholstering chairs. Needle-worked tapestries, or point tapestries, are usually worked on square meshed canvas. Unlike most embroideries of heading 5810, HTSUSA, tapestries have a ground fabric that is completely covered, except per- haps at the edges. Even goods that would be classified as tapestries if not made up would be excluded from heading 5805 if made up into articles such as handbags, cushions, slippers, etc.

Thus the crests are not covered by this heading. They are not used as furnishings; they are not formed by petit point, gros point, cross stitch, or similar stitches on square meshed canvas; they do not have a completely covered ground; and they are in fact made up articles to be worn on clothing.

Heading 5810, HTSUSA, provides for embroidery in the piece, in strips, or in motifs. The EN for this heading specify that it includes embroidery executed with metal on a pre-existing ground of velvet. It includes motifs, i.e., individual pieces of embroidered design serving no further function than to be incorporated or appliqued as elements of embroidery in, for example, underwear or articles of apparel. However, embroidery other than motifs made up in the form of finished articles ready for use are excluded. As made-up articles of apparel, the latter would generally be covered by Chapters 61 and 62. The sample is not merely an embroidered
motif that will be sewn into a garment. Rather, it has been finished into a completed accessory that can be attached or removed with pins. Thus it is excluded from heading 5810, HTSUSA, and falls under heading 6217, HTSUSA, a provision for other made up clothing accessories. This heading covers such articles of textile materials, not knitted or crocheted. The EN for heading 6217 specify that it is intended to include made up badges, emblems, and the like.

HOLDING:

Assuming that the textile materials are cotton and that the merchandise covered by the entries in question are the same, or similar in all material respects, the crests are classified under subheading 6217.10.0010, HTSUSA, textile category 359.

Because of the changeable nature of the statistical annotation, i.e., the ninth and tenth digits of the tariff number and the textile restraint categories, you should contact your local Customs office before importation of this merchandise to determine the current status of any import restraints or requirements.

Before January 1, 1989, when the HTSUSA became effec- tive, articles such as the enclosed sample would have been classified in Schedule 7, Part 6A, Tariff Schedules of the United States Annotated, as jewelrey and other articles of personal adornment and would not have been subject to quota/visa requirements. It is possible that in the light of these circumstances you may be able to obtain a visa waiver. We suggest that you contact Mr. Marty Walsh at the Committee for the Implementation of Textile Agreements, U.S. Department of Commerce, (202) 377-4212. The Customs Service lacks authority either to grant textile visa waivers or to allow entry of quota/visa merchandise without the proper documentation.

Sincerely,

John Durant, Director
Commercial Rulings Division

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