Classification of woven patches

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