HQ 084004: Tariff classification of certain crests

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 084004

                                     March 30, 1989

             CLA-2  CO:R:C:G  084004  SM

             CATEGORY:  Classification

             TARIFF NO.:  6217.10.0010

             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
















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