CLA-2 CO:R:C:G 084004 SM
Mr. Henry A. Goldman
Gold Crest Ltd.
P.O. Box 8275
Van Nuys, CA 91409
RE: Tariff classification of certain crests
Dear Mr. Goldman:
Your letter of March 16 requests a tariff classifica-
tion ruling for certain crests imported from India. It is our
understanding that two entries of the merchandise in question
are being held at Los Angeles for want of an appropriate visa.
FACTS
A sample of the merchandise was submitted. It consists
of a crest with three pins on the back, designed to be worn,
for example, on the pocket of a blazer. The letters and sym-
bols of the crest are hand-embroidered on fabric stated to be
cotton velvet, using gold- or silver-plated copper wire. A
piece of cardboard is inserted between the velvet and a fabric
backing.
You believe that the merchandise is classifiable under
either heading 7117, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) a provision for imitation jewelry;
or heading 5810, HTSUSA, a provision for embroidery in the
piece, in strips or in motifs; or heading 5805, HTSUSA, a pro-
vision for hand-woven Gobelins or similar tapestries, or
needle-worked tapestries, whether or not made up. Customs
officials at the port have informed you that the merchandise
is classifiable under heading 6217, HTSUSA, a provision for
other made up clothing accessories.
ISSUE:
Are the crests classified under heading 7117, 5810,
5805, or 6217, HTSUSA, or some other heading?
-2-
LAW AND ANALYSIS:
Classification under the HTSUSA is in accordance with
the General Rules of Interpretation (GRI's). GRI 1 provides
that classification is determined first in accordance with the
terms of the heading of the tariff and any relative section or
chapter notes, and then, if necessary, in accordance with the
remaining GRI's.
Heading 7117, HTSUSA, provides for imitation jewelry.
Note 1(f) of the chapter specifically excludes goods of
Section XI, i.e., textiles and textile articles. Thus, if the
crests meet the requirements of Section XI, they cannot be
classified under heading 7117.
Heading 5805, HTSUSA, includes two basic types of goods.
One is hand-woven tapestries such as Gobelins tapestries. The
crests are clearly not this type of merchandise. The second
type provided for here is needle-worked tapestries, for
example, petit point, cross stitch, whether or not made up.
The Explanatory Notes (EN), the official interpretation of the
HTSUSA at the international level, state that tapestries are
used mainly for furnishing purposes, such as covering walls or
upholstering chairs. Needle-worked tapestries, or point
tapestries, are usually worked on square meshed canvas.
Unlike most embroideries of heading 5810, HTSUSA, tapestries
have a ground fabric that is completely covered, except per-
haps at the edges. Even goods that would be classified as
tapestries if not made up would be excluded from heading 5805
if made up into articles such as handbags, cushions, slippers,
etc.
Thus the crests are not covered by this heading. They
are not used as furnishings; they are not formed by petit
point, gros point, cross stitch, or similar stitches on square
meshed canvas; they do not have a completely covered ground;
and they are in fact made up articles to be worn on clothing.
Heading 5810, HTSUSA, provides for embroidery in the
piece, in strips, or in motifs. The EN for this heading
specify that it includes embroidery executed with metal on a
pre-existing ground of velvet. It includes motifs, i.e.,
individual pieces of embroidered design serving no further
function than to be incorporated or appliqued as elements of
embroidery in, for example, underwear or articles of apparel.
However, embroidery other than motifs made up in the form of
finished articles ready for use are excluded. As made-up
articles of apparel, the latter would generally be covered by
Chapters 61 and 62. The sample is not merely an embroidered
-3-
motif that will be sewn into a garment. Rather, it has been
finished into a completed accessory that can be attached or
removed with pins. Thus it is excluded from heading 5810,
HTSUSA, and falls under heading 6217, HTSUSA, a provision for
other made up clothing accessories. This heading covers such
articles of textile materials, not knitted or crocheted. The
EN for heading 6217 specify that it is intended to include
made up badges, emblems, and the like.
HOLDING:
Assuming that the textile materials are cotton and that
the merchandise covered by the entries in question are the
same, or similar in all material respects, the crests are
classified under subheading 6217.10.0010, HTSUSA, textile
category 359.
Because of the changeable nature of the statistical
annotation, i.e., the ninth and tenth digits of the tariff
number and the textile restraint categories, you should
contact your local Customs office before importation of this
merchandise to determine the current status of any import
restraints or requirements.
Before January 1, 1989, when the HTSUSA became effec-
tive, articles such as the enclosed sample would have been
classified in Schedule 7, Part 6A, Tariff Schedules of the
United States Annotated, as jewelrey and other articles of
personal adornment and would not have been subject to
quota/visa requirements. It is possible that in the light of
these circumstances you may be able to obtain a visa waiver.
We suggest that you contact Mr. Marty Walsh at the Committee
for the Implementation of Textile Agreements, U.S. Department
of Commerce, (202) 377-4212. The Customs Service lacks
authority either to grant textile visa waivers or to allow
entry of quota/visa merchandise without the proper
documentation.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Director of Customs
New York Seaport Area
cc: Legal Reference Section
cc: CITA
cc: NIS Alice Masterson
cc: NIS Herbert Persky
cc Phil Robins