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HQ 950190


December 4, 1991

CLA-2 CO:R:C:T 950190 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.90.0056; 6217.90.0085

Mr. Sharman Snodgrass
Sharmark Las Vegas
3320 Wynn Road, #8
Las Vegas, Nevada 89102

RE: Reconsideration of NYRL 862387--Classification of Beaded Garment Parts

Dear Mr. Snodgrass:

This is in reply to your letter of May 7, 1991, requesting that this office review the determination in New York Ruling Letter (NYRL) 862387 that certain articles are classifiable as garment parts rather than as motifs. Our ruling on the matter follows. As requested, the samples will be returned under separate cover.

FACTS:

Three samples were submitted. Each is roughly V-shaped, consists of woven or knit man-made fiber fabric that has been cut to a specific shape, and has been heavily embroidered with plastic beads, bugles, and spangles. The sample numbered 50800 is a knit piece that measures approximately 4 feet in length and one foot deep at its widest point. The bottom of the "V" is actually formed by three rounded lobes. The sample numbered 50100 is a collar-like piece which measures approximately 2 feet 10 inches in length and is 11 inches deep at its widest point. The sample numbered 50500 measures approximately 12 inches across the top and is 14 inches deep.

ISSUE:

The issue presented is whether the samples are classifiable under the provisions for embroidery in the piece, in strips, or in motifs, in Heading 5810, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), or under the appropriate provision for parts of garments, in Chapter 61, HTSUSA, if knit, or in Chapter 62, HTSUSA, if woven.
LAW AND ANALYSIS:

Imported goods are classifiable according to the General Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule of the United States (HTSUSA). GRI 1 provides that for legal purposes, classification shall be determined according to the terms of the headings in the tariff and according to any pertinent section or chapter notes. In this instance, we need proceed no further through the GRI's since the merchandise is classifiable pursuant to GRI 1.

In our view, the merchandise is clearly not classifiable in Heading 5810. It is not in the piece or in strips. Therefore, to be classifiable in that heading, it must be considered to be motifs. Under the Tariff Schedules of the United States Annotated (TSUSA), the predecessor to the HTSUSA, motifs were defined in Heading 2(a), Subpart 4B, Schedule 3, as individual textile pieces, such as labels, badges, emblems, insignia, initials, numbers, and ornaments, designed and almost wholly used for incorporation in, or appliqueing on, textile articles.

The new tariff, the HTSUSA, does not contain a similar statutory definition. However, The Harmonized Commodity Description and Coding System, Explanatory Notes, which are the official interpretation of the HTSUSA at the international level (for the 4 digit headings and the 6 digit subheadings), states that motifs are individual pieces of embroidered design serving no other function than to be incorporated or appliqud as elements of embroidery on textile articles. The examples given are badges, emblems, initials, numbers, stars, and national or sporting insignia.

The instant merchandise is clearly designed to be incorporated as parts into apparel. They have been shaped and decorated so that they are not reasonably useful for any other purpose. While each of the above cited definitions of motifs refer to the articles being incorporated into other articles, the exemplars clearly do not include parts of the larger articles. Rather, the exemplars are articles that are applied to other, larger, articles for purposes of identification or decoration. They are not articles which contribute to the character of the articles to which they are attached. Accordingly, they do not constitute motifs for tariff purposes.

The samples consist of man-made fiber fabrics and plastic beads, bugles, and spangles. The goods are not classifiable under subheading 3926.90.3500, HTSUSA, which provides for articles of beads, bugles, and spangles, not elsewhere specified or included, because they are specifically provided for and included under subheading 6117.90.0056, HTSUSA, if knit, or 6217,90.0085, HTSUSA, if woven, as man-made fiber parts of garments.

HOLDING:

The ruling contained in NYRL 862387 is affirmed. The merchandise was correctly classified therein--samples 50800 and 50100 under the provision for knit parts of garments, of man-made fibers, in subheading 6117.90.0056, HTSUSA, and sample 50500 under the provision for woven man-made fiber parts of garments, in subheading 6217.90.0085. The rate of duty for all three samples, as products of China, is presently 15.5 percent ad valorem, and the applicable textile and apparel category is 659.

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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