CLA-2-58:S:N:N6:351 887094

Mr. Jerome Berger
The Harper Group
1 Johnson Road
Lawrence, NY 11559

RE: The tariff classification of hand-embroidered emblems, with and without pins, from India.

Dear Mr. Berger:

In your letter dated June 7, 1993, on behalf of Margola Import Corp., you requested a classification ruling. You have submitted two samples of hand-embroidered emblems, as follows: first, a motif, without pins, intended to be sewn on to a garment; and, second, a crest-shaped motif with three pins and accompanying clips on the back. With the addition of these pins and clips, the second article has been finished into a completed accessory that can be, for example, attached to or removed from the pocket of a blazer. The first item, measuring 3 1/2 inches in diameter, has the embroidered words and year "Graduation Class of 95". The second item, measuring 2 5/8 inches by 3 inches, is a crest-shaped badge with depictions of two crossed swords, a fleur- de-lis and a crown. Both samples have brass wire bullion threads hand-embroidered into visible ground fabrics. According to your letter, these fabrics are made of wool/cotton blends that appear to be predominantly of wool fibers; we assume that the ground fabrics are in chief of wool.

The applicable subheading for the "95" emblem without pins will be 5810.99.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs; other embroidery; of other textile materials; of wool or fine animal hair. The duty rate will be 8.4 percent ad valorem.

The crest-shaped emblem with pins will be classifiable under the provision for other made up clothing accessories; ...; accessories; of wool or fine animal hair, in subheading 6217.10.0020, HTS. The rate of duty will be 15.5 percent ad valorem.

The "95" emblem without pins and the crest emblem with pins fall within textile category designations 414 and 459, respectively. Based upon international textile trade agreements, products of India are subject to the requirement of a visa.

The designated textile and apparel categories 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


Jean F. Maguire
Area Director
New York Seaport