HQ 0951914 - Request for reconsideration of NYRL 873296; garment part properly classified; subheading 6217.90.0085, HTSUSA - United States International Trade Commision Rulings

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HQ 951914

September 1, 1992

CLA-2 CO:R:C:T 951914 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.90.0085

Anne G. Monlezun
Glitz, Inc.
801 Bayou Pines Drive
Lake Charles, LA 70601-7076

RE: Request for reconsideration of NYRL 873296; garment part properly classified; subheading 6217.90.0085, HTSUSA

Dear Ms. Monlezun:

This is in response to your letter, dated April 30, 1992, requesting reconsideration of New York Ruling (NYRL) 873296, dated April 16, 1992, regarding classification of a beaded and embroidered article. Upon further review that classification is deemed to be correct and therefore affirmed.

FACTS:

In NYRL 873296 three embroidered and beaded items were classified as embroidered motifs in heading 5810, Harmonized Tariff Schedule of the United States Annotated, (HTSUSA), and one item, Style number G573, and the subject of this request for reconsideration, was classified as a part of a garment in heading 6217, HTSUSA. You state that there is no difference between the use of the article classified in heading 6217, HTSUSA, and those classified in heading 5810, HTSUSA. You also mention that the process of manufacturing for both types of articles is the same.

The article at issue is a V-shaped embroidered piece that is intended to be used as a yoke. It has flowered leaf patterns with dangling beads at the bottom of the yoke. The item measures 13 inches by 17 inches and has the curvature for a neck opening at the top.

ISSUE:

Whether the article is classifiable under the provision for embroidery in the piece, in strips, or in motifs, in heading 5810, HTSUSA, or under the appropriate provision for parts of garments in heading 6217, HTSUSA?
LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), is in accordance with the General Rules of Interpretation (GRI). The GRI require that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied in the order of their appearance.

The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, are the official interpretation of the tariff at the international level. The EN for heading 5810, HTSUSA, state that the embroidery classified within its provisions is comprised mainly of 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 a scattered design on the ground fabric.

All varieties of embroidery 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 or appliqued 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. They include badges, emblems, "flashes", initials, numbers, stars, national or sporting insignia, etc.

"Motif" is also defined by Mary Brooks Picken in The Fashion Dictionary, (1973), p.249 as

Unit of design, or figure; repeated to form pattern or used separately as decoration

It is clear both by the terms of the EN and the Fashion Dictionary that the linchpin in the definition of "motif" is that the article be clearly designed to be applied onto apparel.

Similar merchandise was classified in HQ 950190, dated December 4, 1991. Headquarters ruled that the V-shaped pieces were designed to be incorporated as parts of apparel. They are shaped and decorated so that they are not reasonably useful for any other purpose. Motifs are items that are small enough to be applied on a number of different areas on larger articles for the purpose of identification or decoration. Motifs are not integral parts of the articles to which they are attached.

Heading 6217, HTSUSA covers made up textile clothing accessories, other than knitted or crocheted, not specified or included in other headings of chapter 62 or elsewhere in the Nomenclature. The heading also covers parts of garments or of clothing accessories, not knitted or crocheted.

The examples for garment parts enumerated in the EN to heading 6217, HTSUSA, include:

Pockets, sleeves, collars, collarettes, wimples, fallals of various kinds (such as rosettes, bows, ruches, frills and flounces), bodice-fronts, jabots (including those combined with collars), cuffs, yokes, lapels and similar articles.

Style G573 is a "yoke" and is explicitly mentioned as a garment part.

HOLDING:

Style number G573 was properly classified under the provision for parts of garments or of clothing accessories, of man-made fibers, in subheading 6217.90.0085, HTSUSA. The applicable rate of duty is 15.5 percent, ad valorem. The textile category is 659.

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 negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available at the local Customs office.

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

Sincerely,

John Durant, Director

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