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NY 859289


January 25, 1991

CLA-2-58:S:N:N3H:351 859289

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.0040; 6110.30.3040; 6110.30.3045; 6117.90.0056

Ms. P. Ann Pieroway
Advanced Concepts
P.O. Box 20965
Sarasota, FL 34276

RE: The tariff classification of embroidered chenille patches and sweatshirts, including sweatshirt parts, embroidered in Haiti from Haiti.

Dear Ms. Pieroway:

In your letter dated December 12, 1990, you requested a tariff classification ruling.

You have submitted three samples, as follows: A) two embroidered chenille patches or emblems depicting a clown and a soccer ball, and (b an embroidered sweatshirt. The chenille patches (A) are made from American-made acrylic Orlon yarns and 50% wool/50% staple rayon nonwoven scrim felt fabric backing. The materials are shipped to Haiti and made into the finished chenille emblems. In your letter, you inquired as to whether the patches will be permitted to enter the United States under "807", now subheading 9802.00.80, Harmonized Tariff Schedule of the United States (HTS). Customs has previously ruled that this type of embroidery is ineligible for an allowance under "807", assembly of American-made materials. The two sample patches (A) measures 10 by 5 1/2 inches or 5 inches in diameter and have visible ground fabrics made of felt on the 1/4 inch wide borders. The emblems will be produced in a variety of sizes and designs, and we assume that they will also have visible borders exposing the 50% wool/50% rayon felt ground fabrics. The imported patches will be used by individuals or schools and applied to wearing apparel.
The second submitted sweatshirt, item (A), is constructed from 50% cotton, 45% acrylic, 5% rayon finely knit fabric which is napped on the inside surface. The garment has a rib knit crew neckline, long sleeves with rib knit cuffs, and a rib knit waistband. Chenille embroidery has been applied to the front panel of the garment.

You have indicated in your letter that the unembroidered sweatshirt will be made in the United States and shipped to Haiti where the chenille embroidery will be applied. The chenilling operation performed in Haiti advances the value and improves the condition of the sweatshirts and renders the garments ineligible for consideration under subheading 9802.00.50, HTS. The country of origin of the embroidered sweatshirts will be Haiti, and the garments should be marked accordingly.

The applicable subheading for the chenille emblem, item (A), will be 5810.92.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs, other embroidery, of man-made fibers; badges, emblems and motifs. The rate of duty will be 8.4% ad valorem.

The applicable subheading for the embroidered sweatshirt, item B, will be 6110.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts..., of man-made fibers, other, sweatshirts. The rate of duty will be 34.2% ad valorem.

If the embroidered sweatshirts are for men's wear, the applicable subheading will be 6110.30.3040, HTS, which provides for sweaters, pullovers, sweatshirs,...,of man-made fibers, other, sweatshirts, men's or boys'. The duty rate will be 34.2% as valorem.

If the embroidered sweatshirts are for women's wear or are unisex garments, the applicable subheading will be 6110.30.3045, HTS, which provides for sweaters, pullovers, sweatshirts,..., of man-made fibers, other, sweatshirts, women's or girls'. The duty rate will be 34.2% ad valorem.

In your letter, you stated that perhaps a portion of the sweatshirt (e.g. front or back) will be shipped separately to have an emblem embroidered and then returned to be completed in the USA. The applicable subheading for the parts of garments will be 6117.90.0056, HTS, which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories; parts, other, of man-made fibers. The rate of duty will be 15.5% ad valorem.

The men's sweatshirts, the women's or unisex sweatshirts, and the parts of sweat shirts fall within textile category designation 638, 639 and 659, respectively. Based upon international textile trade agreements, products of Haiti are subject to the requirements of a visa.
If the content varies from the weight breakdown indicated on the submitted garment, the HTS classifications, rates of duty, and textile categories may differ from the information indicated above.

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 (Restraints 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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