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NY 854861

August 7, 1990

CLA-2-58:S:N:N3H:351 854861

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.10.0000

Mr. Todd Butler
Century Martial Art Supply, Inc.
1705 National Blvd.
Midwest City, OK 73110

RE: The tariff classification of an embroidered flag patch from Taiwan.

Dear Mr. Butler:

In your letter dated July 23, 1990, you requested a tariff classification ruling.

You have submitted a sample of an embroidered patch with a U.S. flag design. In your letter, you stated that the item is made of a polyester and cotton fiber blend (chiefly man-made fiber). The embroidery threads completely cover the face and back sides of the item; the motif is without visible ground fabric. The flag patch has a yellow embroidered border. The patch measures 3 1/2 x 2 1/8 inches, and it is intended to be used as an applique affixed to martial arts uniforms or articles of clothing.

The applicable subheading for the patch will be 5810.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs, embroidery without visible ground. The rate of duty will be 16 percent ad valorem.

The patch falls within textile category designation 229. Based upon international textile trade agreements, products of Taiwan are subject to the requirement of a visa and quota restraints.

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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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