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NY A85273




July 19, 1996

CLA-2-58:C:O:D:H14

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.91.0010

Ms. Beverly Irigoyen
Customs Administration and Transportation Warnaco
90 Park Avenue
New York, New York 10016

RE: The tariff classification of embroidered patches from Hong Kong

Dear Ms. Irigoyen:

In your letter dated June 14, 1996, you requested a tariff classification ruling. Your letter failed to identify the manufacturer of the intended import and the country of manufacture. However, you have stated in a telephone conversation with the U.S. Customs Service that these patches will be manufactured in Hong Kong.

You have submitted a sample of the prospective import. The sample is a circular patch approximately two and three-quarter inches in diameter. The design is created by embroidery on a base of woven fabric. According to the information which you provided, the base fabric is cotton and the embroidery yarn is of man-made fiber. It is assumed that the item weighs over 200 grams per square meter.

The sample patch which you submitted lacks country of origin marking. It is important to note that all articles imported to the United States are required to be marked with the English name of the country of origin in a legible, conspicuous and permanent manner unless specifically excepted from such marking. The patch carries the trade name of a popular designer. Note that this trade name has been registered with the U.S. Customs Service and importation of goods with this trade name is restricted by the owner of the trade name.

The applicable subheading for the embroidered patch will be 5810.91.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips, or in motifs, of cotton. The rate of duty will be 6.7%.

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

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Joseph J. Wilson
Port Director

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