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HQ 085630


January 31, 1990

CLA-2 CO:R:C:G 085630 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.91.00

John R. Liebman, Esquire
Tobin & Tobin
770 Wilshire Boulevard
Los Angeles, California 90017

RE: Tariff Status of Unfinished Crests and Emblems

Dear Mr. Liebman:

This ruling is in response to your letter of September 25, 1989, on behalf of Gold Crest, Ltd., concerning the tariff classification of unfinished emblems or crests.

FACTS:

The submitted samples are crests or emblems that are designed to be worn on apparel. They are intended to be applied to the upper pocket of a jacket to identify the wearer as belonging to a particular group or organization. After importation, they will be sprayed with lacquer and the clips or clutches added. The samples have a substantial amount of gold or silver plated copper wire, textile fabric, and textile yarns embroidered on what we assume is a cotton velvet background. The two samples are completely finished with pins projecting from their rear side which, when combined with clips, enable the crests to be attached to garments. Examination of the samples indicates that in order for the pins to be attached to the crests, the two backing fabrics and the center cardboard layers which are glued to the crests must also be added in the United States. Accordingly, the imported merchandise consists of patches or emblems that can, as imported, either be sewn to garments or have the backings and clips added.

ISSUE:

The issue presented is whether merchandise as described above is classifiable as a garment accessory or as an embroidered motif.

LAW AND ANALYSIS:

In our ruling of August 16, 1989, file 084204, copy enclosed, it was held that the same, or at least substantially similar merchandise was classifiable under Heading 5810, which provides for embroidered motifs. After review of HRL 084204, we adhere to both the reasoning and the holding therein.

HOLDING:

The subject crests, if imported without any means of attachment, are classifiable in Subheading 5810.91.00xx, HTSUSA, and in textile restraint category 229. The statistical suffix (last two digits) of the classification is 10, if weighing over 200 grams per square meter, or 20, if otherwise.

The designated textile and apparel category may be subdivided 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.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director

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