HQ 0088329 - Classification of beaded/sequined appliques, Heading 5810, HTSUSA - United States International Trade Commision Rulings

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HQ 088329

April 1, 1991

CLA-2 CO:R:C:T 088329JLJ

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.0040

Ms. Jackie C. Poon
Jacca International
9010 Rotherham Avenue
San Diego, California 92129

RE: Classification of beaded/sequined appliques, Heading 5810, HTSUSA

Dear Ms. Poon:

This is in reference to your letter of November 30, 1990, in which you requested a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a beaded/sequined applique. You submitted a sample applique with your request. No country of origin was given for the instant merchandise.

FACTS:

The sample submitted is an embroidered triangular applique or motif which is fully covered on its face side with white sequins surrounded by tiny white beads which look like pearls. There is no visible ground on the face, but the back side has a visible woven ground fabric which is assumed to be made of man- made fibers. The applique measures approximately 1 1/2 inches on each side. It is of the type generally sewn to a woman's garment.

ISSUE:

What is the HTSUSA classification of the instant beaded/sequined applique?

LAW AND ANALYSIS:

Articles are classified under the HTSUSA in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of articles is determined by the terms of the headings and any relative section or chapter notes.

Heading 5810 covers embroidery in the piece, in strips or in motifs. Chapter Note 6 of Chapter 58 states that "In heading 5810, the expression `embroidery' means, inter alia, embroidery with metal or glass thread on a visible ground of textile fabric, and sewn applique work of sequins, beads or ornamental motifs of textile or other materials...." The instant merchandise fits within this definition.

The Explanatory Notes are the official interpretation of the tariff at the international level. The Explanatory Notes for Heading 5810 state that "The embroidery classified here comprises mainly three types of articles." The third type, "applique work," is relevant here. 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 accessories; 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 function than to be incorporated in, for example, underwear or articles of apparel or furnishings.

The submitted sample fits within the description above.

Finally, in Customs Headquarters Ruling Letter (HRL) 081784 of May 25, 1988, similar appliques were classified in subheading 5810.92.0020, HTSUSA.

HOLDING:

If the woven ground fabric is in chief weight of man-made fibers, then the instant appliques are classified under the provision for embroidery in the piece, in strips or in motifs: other embroidery: of man-made fibers: badges, emblems and motifs, in subheading 5810.92.0040, HTSUSA. We cannot give the applicable duty rate because we do not know the country of origin for these appliques.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification), you should contact your local Customs office prior to importation of this merchandise to determine the current statistical annotation.

Sincerely,

John Durant, Director
Commercial Rulings Division

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