HQ 086134: Classification of woven patches

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 086134

                                   January 22, 1990



            CLA-2:CO:R:C:G  086134 DRR

            CATEGORY:  Classification

            TARIFF NO.:  6217.10.0030

            Ms. Marion Flewellan
            Burlington Air Imports
            3148 S. 108th Ave. Ste. 140
            Tulsa, Oklahoma 73146

            Re:  Classification of woven patches

            Dear Ms. Flewellan:

                 This is in reference to your letter dated September 22,
            1989, requesting the classification of patches under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue is represented by a woven patch
            of man-made fibers.  The patches may or may not include an
            adhesive backing for heat fusion to a garment, but are intended
            for application to clothing.  The patches will be imported from
            Hong Kong, Taiwan, or Korea.

            ISSUE:

                 Whether the patches at issue are classifiable under
            subheading 6217.10.0030, HTSUSA, or subheading 6307.90.9050,
            HTSUSA.

            LAW AND ANALYSIS:

                 Classification of merchandise is in accordance with the
            General Rules of Interpretation (GRI), taken in order.  GRI 1
            states that classification is determined according to the terms
            of the headings and any relative section or chapter notes.
            Heading 6217, HTSUSA, provides for other made up clothing
            accessories.  Heading 6307, HTSUSA, provides for other made up
            articles.















                                         - 2 -

                 The Explanatory Notes to the HTSUSA may be consulted for
            guidance as to the correct interpretation of the various HTSUSA
            provisions.  The Explanatory Notes for Heading 6217 state that
            the heading includes labels, badges, emblems, "flashes" and the
            like.  The Explanatory Notes for Heading 6307 exclude labels
            and similar articles from that heading.

            HOLDING:

                 The patches at issue are classifiable under subheading
            6217.10.0030, HTSUSA, which provides for other made-up clothing
            accessories, of man-made fibers, with a duty rate of 15.5
            percent ad valorem, and subject to textile category 659.

                 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
            and the restraint (quota/visa) categories applicable to textile
            merchandise, you should contact your local Customs office prior
            to importation of this merchandise to determine the current
            status of any import restraints or requirements.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division
























            6 cc: A.D., N.Y. Seaport
            D.Rimmer library
            typed/peh/lw 1/24/90
            086134