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HQ 086008


February 6, 1990

CLA-2 CO:R:C:G 086008 CC

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.91.00; 5810.92.00

Mr. Walter J. Ebertz
1475 Cumberland St.
St. Paul, MN 55117

RE: Classification of a handcrafted motif

Dear Mr. Ebertz:

This letter is in response to your inquiry of September 22, 1989, requesting tariff classification of a handcrafted motif under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample was submitted for examination.

FACTS:

The submitted sample is a piece of woven fabric, approximately 10 inches square, which has been appliqud and embroidered with textile fabrics. The sample is a Christmas motif. You indicate that the sample is made of cotton and polyester materials. You also state that the item is to be attached to T-shirts, sweat shirts, or other clothing.

ISSUE:

Whether the submitted sample is classifiable in Heading 5810, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 5810, HTSUSA, provides for embroidery in the piece, in strips, or in motifs. The Explanatory Notes, the official interpretation of the HTSUSA at the international level, state that Heading 5810, HTSUSA, covers three groups of merchandise, one of which is appliqu work, which includes embroidery in the form of motifs. The motifs are described as the following:

Individual pieces of embroidered design serving no other function than to be incorporated or appliqud as elements of embroidery in, for example, underwear or articles of apparel or furnishings. They may be cut to any shape, backed or otherwise assembled.

The submitted sample is the kind of article provided for in Heading 5810, according to the Explanatory Notes. Therefore, the submitted sample is classifiable in Heading 5810, HTSUSA.

According to Subheading Note 2(A) of Section XI, products classifiable in Chapters 56 to 63 that consist of a mixture of two or more textile materials are classified as if consisting of the one textile material which predominates by weight. Subheading Note 2(B)(c) to Section XI states that in the case of embroidery of Heading 5810 only the ground fabric shall be taken into account. Therefore, the material which predominates by weight in the ground fabric will determine whether the submitted sample is classifiable as of cotton or as of man-made fibers.

HOLDING:

If cotton predominates by weight in the ground fabric for the submitted sample, it is classified under subheading 5810.91.00, HTSUSA, which provides for embroidery in the piece, in strips or in motifs, other embroidery, of cotton. The rate of duty would be 8.4 percent ad valorem.

If man-made fibers predominate by weight in the ground fabric for the submitted sample, it is classified under subheading 5810.92.00, HTSUSA, which provides for embroidery in the piece, in strips or in motifs, other embroidery, of man-made fibers. The rate of duty would be 8.4 percent ad valorem.

We are returning the sample to you under separate cover.

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

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.

Sincerely,

John Durant, Director

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