beaded nylon woven and knit items; motifs; garment parts

HQ 961656 January 12, 1999 CLA2 RR:CR:TE 961656 jb CATEGORY: Classification TARIFF NO.: 5810.92.1000 John A. Bessich, Esq. Follick & Bessich 33 Walt Whitman Road, Suite 204 Huntington Station, NY 11746 RE: beaded nylon woven and knit items; motifs; garment parts Dear Mr. Bessich: This is in response to your letter, dated December 29, 1997, our subsequent meeting on August 6, 1998, and additional documentation submitted on November 18, 1998, on behalf of your client, Royalcraft Trimming Corporation, requesting a classification and country of origin marking ruling for certain beaded articles. Samples of the beaded articles, a sample women’s dress onto which one of these articles is attached, and sketches of the articles before and after placement on the garments, were submitted to this office. The beaded articles and the dresses will be returned under separate cover. FACTS: The subject merchandise consists of five samples containing beads and sequins which are sewn onto a thin ground fabric. You state in your submission that the subject beaded articles will typically be used as “ornamental attachments to women’s dresses”. Specifically, the five samples, whose pictures we have included as an attachment to this ruling, consist of:
Style MI-2825- measures approximately 5-1/2 inches at the neckline, 14 inches at the base and 10 inches from the neckline to the base, measured in the center, and is composed of silver beads and narrow knit tape material on 100 percent black nylon knit fabric. The beads and tape are sewn on the black nylon knit fabric so as to create a decorative design. Although the item has irregular sides, the general shape is triangular without the top peak of the triangle. This style, attached to a sample dress, covers the entire bodice area of the dress 
Style MI-2826- measures approximately 5-1/2 inches at the neckline, 14 inches at the base and 10 inches from the neckline to the base, measured in the center, and is composed of silver beads and trim of thin tubular material wrapped in metallic yarn on 100 percent white nylon knit fabric. The beads and tape are sewn on the white nylon knit fabric so as to create a decorative design. Although the item has irregular sides, the general shape is triangular without the top peak of the triangle. This style, attached to a sample dress, covers the entire bodice area of the dress
Style MI-37907- measures approximately 10 inches at the top, 18 inches at the bottom and 8 inches top to bottom, and is composed of imitation pearl beads, sequins and metallic silver thread on 100 percent nylon cream colored woven fabric. The combination of beads, sequins and metallic silver thread form a decorative design on the woven fabric. This style is intended to cover the entire bodice area of the dress
Style MI-37954- measures approximately 6 inches at the neckline, 21 inches at the bottom and 13 inches from the neckline to the bottom, and is composed of light violet beads, sequins, and metallic silver thread on 100 percent nylon lavender woven fabric. The combination of beads, sequins and metallic silver thread form a decorative design on the woven fabric. This style is intended to cover the entire bodice area of the dress
Style MI-37991- composed of silver beads, white sequins, and a small width loop braid trim on a white 100 percent nylon knit fabric. The combination of beads, sequins and loop braid trim form a decorative design on the nylon knit fabric. This style has a V-style neck and is intended to be attached to the neckline and strap area of the garment, covering the bust You state that the manufacturing operations for the subject merchandise consists of the following: China or United States woven or knit nylon fabric is sourced fabric is cut to shape China beading (including sequins and other trim elements) packaging ISSUE: Whether the articles are classifiable under the provision for embroidery in the piece, in strips, or in motifs, in heading 5810, HTSUS, or under the appropriate provision for parts of garments in heading 6217, or heading 6117, HTSUS? What is the proper country of origin marking for the subject merchandise? LAW AND ANALYSIS: Classification Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), is in accordance with the General Rules of Interpretation (GRI). The GRI require that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied in the order of their appearance. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, for heading 5810, HTSUSA, state that the embroidery classified within its provisions is comprised mainly of three types of articles. The third type, "applique work", states: This consists of a ground of textile fabric or felt on which are sewn, by embroidery or ordinary stitches: (A) Beads, sequins, or similar ornamental accessories; these accessories are generally made of glass, gelatin, metal or wood, and are sewn so as to produce a pattern or a scattered design on the ground fabric. * * * All varieties of embroidery 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 function than to be incorporated or appliqued as elements of embroidery in, for example, underwear or articles of apparel or furnishings. They may be cut to any shape, backed or otherwise assembled. They include badges, emblems, "flashes", initials, numbers, stars, national or sporting insignia, etc. "Motif" is defined by Mary Brooks Picken in The Fashion Dictionary, (1973), p.249, as a “[u]nit of design, or figure; repeated to form pattern or used separately as decoration”. It is your opinion that the submitted merchandise is clearly within the ambit of the term “motif” as defined above. You claim that each motif is an individual piece of embroidered design which serves no purpose other than to be incorporated or appliqued as an element of embroidery on women’s dresses. In your opinion, the merchandise at issue is not an actual part of the garment to which it is sewn because the garment itself is finished before the “motif” is added. As such, you argue that the “motifs” merely enhance or embellish the garment without adding functionality to the garment. It is clear both by the terms of the EN and the Fashion Dictionary that the linchpin in the definition of "motif" is that the article be clearly designed to be applied onto a variety of articles as decoration or ornamentation. The term “motifs” is indicative of items which are to be applied on a number of different areas on larger articles for the purpose of identification or decoration. In this respect, motifs are not integral parts of the articles to which they are attached ( See HQ 951914, dated September 1, 1992, and HQ 950190, dated December 1, 1991, wherein certain V-shaped items designed to be incorporated as parts of apparel were determined not to be motifs and classified instead, as garment parts in headings 6117 and 6217, HTSUS). Heading 6217, HTSUS covers made up textile clothing accessories, other than knitted or crocheted, not specified or included in other headings of chapter 62 or elsewhere in the Nomenclature. The heading also covers parts of garments or of clothing accessories, not knitted or crocheted. Heading 6117, HTSUS, covers, among other things, knit or crocheted garment parts. The examples of garment parts enumerated in the EN to headings 6217, and 6117, HTSUS, include: Pockets, sleeves, collars, collarettes, wimples, fallals of various kinds (such as rosettes, bows, ruches, frills and flounces), bodicefronts, jabots (including those combined with collars), cuffs, yokes, lapels and similar articles. It is a basic tenet of Customs law that merchandise is to be classified based on its condition “as imported” (Carrington Co. et al v. United States, 61 CCPA 77, C.A.C. 1126, 496 F.2d 902 (1974); Olympus Corp. Of America v. United States, 72 Cust. Ct. 176, C.D. 4538 (1974)). The nature of this merchandise however, is such that whether the article is used as a “motif” or a “garment part” is not readily apparent until the article is actually placed on the garment itself. As such, there is an inherent difficulty in the classification of this merchandise because, as stated by your client (the importer of this merchandise) he is not privy to facts pertaining to the actual use of this merchandise once the merchandise is sold to his clients. In cases such as this, there is no alternative other than to base classification on the physical characteristics of the merchandise in the imported condition. That is to say, if upon examination, Customs determines that certain features are present on the merchandise such that the merchandise resembles a garment part, Customs will presume that classification (i.e, heading 6117 or heading 6217) unless the importer can submit to Customs documentation (by way of advertisements, purchase orders, catalogues, etc.) which would substantiate classification as a motif. As such, Customs will invoke a rebuttable presumption that the merchandise is a garment part if for example, the article clearly features the identifiable shape/contour of a garment part (e.g., sleeve, bodice, neckline); In the case of submitted styles MI-2825 and MI-2826, you have submitted sample dresses which clearly show that the garments onto which these articles are attached are complete even before the articles are attached. As such, styles MI-2825 and MI-2826 are classified as motifs in heading 5810, HTSUS. In the case of styles MI-37907, MI 37954, and MI-37991, when viewed alone, it is difficult to ascertain whether or not these articles are garment parts. Consistent with the features Customs would consider akin to garment parts, the finishing operations along the top portion of the neckline on these articles are such that the articles feature the identifiable shape/contour of a finished neckline. The presumption being in this case, that these articles could stand alone as actual bodice fronts of the dress (allowing the dresses to be unfinished in this area). However, as we have stated, this presumption can be rebutted by substantial documentation. In the case of these styles, you have submitted sketches which clearly show the way in which the articles will be featured on the front of the dresses onto which they will be applied. The sketches illustrate that the articles are merely added for purposes of embellishment, further defining and enhancing the visual impact of the otherwise completed dresses. As such, we agree that these articles act as motifs, classifiable in heading 5810, HTSUS. Country of origin On December 8, 1994, the President signed into law the Uruguay Round Agreements Act. Section 334 of that Act provides new rules of origin for textiles and apparel entered, or withdrawn from warehouse, for consumption, on and after July 1, 1996. On September 5, 1995, Customs published Section 102.21, Customs Regulations, in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin of a textile or apparel product shall be determined by sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21. Paragraph (c)(1) states that “The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced.” In the case where both the fabric is formed in China and the beading is done in China, for purposes of origin the merchandise is considered wholly obtained or produced in a single country, that is China. In the case where the fabric is sourced in the United States and the beading is done in China the merchandise is not wholly obtained or produced in a single country, and thus, paragraph (c)(1) of Section 102.21 is inapplicable. Paragraph (c)(2) states that “Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each foreign material incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section.” 5810.91-5810.99 (2) For embroidered badges, emblems, insignia, and the like, comprised of multiple components, the country of origin is the place of assembly, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession. The subject merchandise consists of the fabric and the beading. As the complete assembly of this merchandise occurs in China, the country of origin of the subject merchandise is China. The marking statute (19 U.S.C. 1304) requires articles of foreign origin imported into the United States to be marked to indicate the name of the country of origin of the article. Section 1304(a)(3)(D) sets forth the exception of any article from the requirements of marking if the container of such article will reasonably indicate the origin of the article. In the case of the subject merchandise, you indicate that the merchandise is packaged at the time of importation in sealed clear plastic bags which are not opened prior to delivery to domestic dress manufacturers. The final purchasers of this merchandise in its imported form, are the dress manufacturers. 19 CFR 134.35(a) states that imported articles used in manufacture which results in products which have a name, character, and use different than that of the imported articles need not be marked individually. As such, the subject merchandise, which is imported and delivered to domestic dress manufacturers, may be marked on the sealed plastic bags. Accordingly, an appropriate marking for the merchandise would be “Made in China”. HOLDING: Style numbers MI-2825, MI-2826, MI-37907, MI-37954 and MI-37991, are properly classified in subheading 5810.92.1000, HTSUSA, which provides for, embroidery in the piece, in strips or in motifs: other embroidery: of man-made fibers: badges, emblems and motifs. The applicable rate of duty is 6.7 percent ad valorem. The country of origin of the subject merchandise is China. 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 negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available at the local Customs office. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements. The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change is the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2. Sincerely, John Durant, Director Commercial Rulings Division