CLA-2 CO:R:C:G 085630 PR
John R. Liebman, Esquire
Tobin & Tobin
770 Wilshire Boulevard
Los Angeles, California 90017
RE: Tariff Status of Unfinished Crests and Emblems
Dear Mr. Liebman:
This ruling is in response to your letter of September
25, 1989, on behalf of Gold Crest, Ltd., concerning the
tariff classification of unfinished emblems or crests.
FACTS:
The submitted samples are crests or emblems that are
designed to be worn on apparel. They are intended to be
applied to the upper pocket of a jacket to identify the
wearer as belonging to a particular group or organization.
After importation, they will be sprayed with lacquer and the
clips or clutches added. The samples have a substantial
amount of gold or silver plated copper wire, textile fabric,
and textile yarns embroidered on what we assume is a cotton
velvet background. The two samples are completely finished
with pins projecting from their rear side which, when
combined with clips, enable the crests to be attached to
garments. Examination of the samples indicates that in order
for the pins to be attached to the crests, the two backing
fabrics and the center cardboard layers which are glued to
the crests must also be added in the United States.
Accordingly, the imported merchandise consists of patches or
emblems that can, as imported, either be sewn to garments or
have the backings and clips added.
ISSUE:
The issue presented is whether merchandise as described
above is classifiable as a garment accessory or as an
embroidered motif.
-2-
LAW AND ANALYSIS:
In our ruling of August 16, 1989, file 084204, copy
enclosed, it was held that the same, or at least
substantially similar merchandise was classifiable under
Heading 5810, which provides for embroidered motifs. After
review of HRL 084204, we adhere to both the reasoning and the
holding therein.
HOLDING:
The subject crests, if imported without any means of
attachment, are classifiable in Subheading 5810.91.00xx,
HTSUSA, and in textile restraint category 229. The
statistical suffix (last two digits) of the classification is
10, if weighing over 200 grams per square meter, or 20, if
otherwise.
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 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.
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
your local Customs office prior to importing the merchandise
to determine the current applicability of any import
restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division
Enclosure