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NY J84688




June 4, 2003

CLA-2-58:RR:NC:TA:352 J84688

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.1000

Mr. Donald J. Delpico
110 Oak Street
Braintree, Mass. 02184

RE: The tariff classification of two embroidered patches from the Philippines.

Dear Mr. Delpico:

In your undated letter received in this office on May 21, 2003, you requested a tariff classification ruling.

Two samples of embroidered emblems accompanied your request for a ruling. The first is an embroidered patch depicting the head of a bear. Your letter indicates that the embroidery thread is rayon, however you do not indicate the fiber content of the base fabric. Our examination of the base fabric indicates it is composed of filament man-made fiber. This embroidered patch will be appliqued onto a piece of wearing apparel as a decorative accent. The second embroidered patch is the numeral “1” and measures approximately 3.75 inches in length and 1.75 inches in width. You state that the base fabric is composed of 100% polyester while the embroidery thread is composed of 100% rayon. This item is designed to be appliqued onto fabric apparel, bags or home furnishing products.

The applicable subheading for the two embroidered motifs 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.

Neither of these embroidered motifs is subject to either quota restraints or visa requirements when produced in the Philippines.

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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