Tariff Status of Certain Crests--Reconsideration of HRL 084004

HQ 084204 AUGUST 10, 1989 CLA-2 CO:R:C:G 084204 PR CATEGORY: Classification TARIFF NO.: 5810.91.00; 6217.10.0010 John Liebman, Esquire Hill, Farrer & Burrill 445 South Figueroa Street Los Angeles, Calif. 90017-1666 RE: Tariff Status of Certain Crests--Reconsideration of HRL 084004 Dear Mr. Liebman: This ruling is in response to your letter of April 17, 1989, on behalf of Gold Crest Ltd., requesting, in essence, a reconsideration of HRL 084004, dated March 30, 1989. FACTS: The subject ruling involved a crest with a substantial amount of gold or silver plated copper wire embroidered on a cotton velvet background. There are three pins with accompanying clips on the back of the crest for attachment to a garment. HRL 084004 classified the crest under the provision for other cotton clothing accessories, in Subheading 6217.10.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), subject to any applicable restraints for textile category 359. You believe that the crest is in chief weight of the bullion (copper plated with gold and silver) and, therefore, should be classified in Subheading 6217.10.0050, HTSUSA, which provides for other clothing accessories. You also stated that the ruling did not distinguish between the classification of the crest with the pins and without the pins. We wish to point out that there was no request for the classification of crests without pins, and so none was given. You believe that the crest without the pins should be classified under the provision for embroidered motifs, of other textile materials, in Subheading 5810.99.0090, HTSUSA. ISSUE: The issue presented is whether the weight of the bullion should be considered in the classification of the instant crests. LAW AND ANALYSIS: In addition to the analysis contained in HRL 084004, which we have reviewed and adhere to, the following should be noted. Subheading Note 2(B)(c) in Section XI, HTSUSA, provides, in pertinent part: (c) In the case of embroidery of heading 5810 only the ground fabric shall be taken into account. * * * As stated in HRL 084004, embroidered motifs which are not finished articles, such as the sample which was the subject of HRL 084004, only without the pins for attachment on to a garment, are classifiable under Heading 5810, HTSUSA. Since, pursuant to Section XI Subheading Note 2(B)(c), cited above, only the ground fabric is to be considered in classifying embroidery of Heading 5810, the crests are properly classified, without regard to the relative weights of the components, under Heading 5810.91.00xx, HTSUSA. Similarly, since Subheading Note 2(B)(c) does not limit its application to merchandise classifiable in Heading 5810, we interpret that note as requiring that only the ground fabric should be taken into account when determining the classification of an article consisting wholly or partly of embroidery of Heading 5810. 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. If the crests are imported with the pins and clips attached, they are classifiable, as stated in HRL 084004, in Subheading 6217.10.0010, HTSUSA, and in textile restraint category 359. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories and part 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