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NY J81337




March 6, 2003

CLA-2-58:RR:NC:TA:352 J81337

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.1000

Ms. Dana L. Bounds
UPS Freight Services, Inc.
1600 Genessee, Suite 450
Kansas City, MO 64102

RE: The tariff classification of an embroidered motif from Hong Kong.

Dear Ms. Bounds:

In your letter dated September 26, 2002 received in this office on February 20, 2003, on behalf of your client Design Resources Inc., you requested a tariff classification ruling. Unfortunately the sample was destroyed in analysis and cannot be returned.

The submitted sample, designated as style 1000A, is a patch characterized by an embroidered design featuring two wildcats grasping a football in their teeth superimposed over the state of Louisiana. The embroidered emblem commemorates the 28th Bayou Classic football game and is designed to be appliqued onto an apparel article. It is constructed with polyester embroidery thread sewn onto a 100% polyester plain woven base fabric backed by a spun bonded polyester nonwoven fabric. The patch has been coated on the back side by an application of plastic.

The applicable subheading for the embroidered patch will be 5810.92.1000, 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 4.6 percent ad valorem.

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. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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