HQ 081879: Tariff classification of beaded embroideries

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                        HQ 081879

                                   September 22, 1988



             CLA-2 CO:R:C:G  081879  SM  827993

             CATEGORY:  Classification

             TARIFF NO.:  5810.92.0020

             Mr. Joe Tam
             559 Seventh Avenue  #3
             San Francisco, CA  94118

             RE:  Tariff classification of beaded embroideries

             Dear Mr. Tam:

                   Your letter of January 15 to our New York office,
             requesting a tariff classification ruling for certain beaded
             embroideries to be imported from Hong Kong, has been referred
             to this office for reply with regard to classification under
             the Harmonized Tariff Schedule of the United States Anno-
             tated (HTSUSA).

             FACTS:

                   One sample was submitted.  It is a hand-beaded applique,
             in the shape of the head of Donald Duck wearing a top hat,
             consisting of a combination of beads and sequins of various
             colors sewn to nylon organza fabric.  It would be used to
             decorate a dress, a blouse, or some similar garment.

             ISSUE:

                   How is the beaded and sequined applique classified under
             the HTSUSA?

             LAW AND ANALYSIS:

                   Under the Tariff Schedules of the United States, tex-
             tile articles with some bead work were considered ornamented
             textile articles.  If completely covered with beads, however,
             they were generally classified as articles of beads or as
             articles of personal adornment.  The HTSUSA, however, makes no
             distinction between ornamented and unornamented textile arti-
             cles.  The HTSUSA is a new law with new rules for the classi-
             fication of imported articles.














                                           -2-



                   Classification under the HTSUSA is governed by the
             General Rules of Interpretation (GRI's).  GRI 1 provides that
             classification is determined first according to the terms of
             the headings of the tariff schedule and any relative section
             and chapter notes.

                   Heading 5810 provides for "[e]mbroidery in the piece, in
             strips, or in motifs."  Chapter Note 6 for Chapter 58 provides
             that this heading includes, among other things, "sewn applique
             work of sequins, beads or ornamental motifs of textile or
             other materials."

                   The Explanatory Notes, the official interpretation of
             the HTSUSA at the international level, for this heading, state
             further that "the embroidery classified here comprises mainly
             three types of articles."  The third of these, "applique
             work," appears to be relevant in this case.  It is defined as:

                        a ground of textile fabric or felt on which are
                        sewn, by embroidery or ordinary stitches:

                        (A)  Beads, sequins or similar ornamental accesso-
                             ries; these accessories are generally made of
                             glass, gelatin, metal, or wood, and are sewn
                             so as to produce a pattern or scattered design
                             on the ground fabric.

                          . . . .

                          All varieties of embroidery described remain
                        within this heading when in the following forms:

                          . . . .

                        (2)  In the form of motifs, i.e., individual pieces
                             of embroidered design serving no other func-
                             tion than to be incorporated or appliqued as
                             elements of embroidery in, for example, under-
                             wear or articles of apparel or furnishings.

                   It appears that the sample you have submitted falls
             within the above description.  There is a ground of textile
             fabric on which are sewn beads and sequins producing a pat-
             tern.  It is an individual piece of embroidered design that
             will serve to be incorporated in or appliqued to wearing
             apparel articles or furnishings.














                                           -3-


             HOLDING:

                   The applique is classifiable as embroidery under heading
             5810 following GRI 1.  The applicable subheading is
             5810.92.0020, HTSUSA, textile category 229.  This classifica-
             tion represents the present position of the Customs Service
             under the HTSUSA.  If there are changes before the effective
             date of January 1, 1989, this advice may not continue to be
             applicable.

                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division













































             6cc:  Area Director, NY Seaport Area
             cc:   Legal Reference Section
             cc:   Phil Robins
             cc:   NIS Lou Piropato
             cc:   CITA