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NY 880682




December 16, 1992

CLA-2-58:S:N:N6:351 880682

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.32.1090; 5807.10.1020; 5810.92.0040

Sr. Andres Yidi Quintero
Finotex Ltda.
Carrera 67B No. 48-59
Barranquilla, Colombia, South America

RE: The tariff classification of woven ribbons, woven labels, and embroidered patches from Colombia.

Dear Mr. Quintero:

In your letter dated October 25, 1992, (received in our office on November 25, 1992), you requested a tariff classification ruling.

You have submitted nine samples of textile items as follows: three samples of narrow woven fabrics made from 80 percent polyester and 20 percent metallic strips, by weight; four samples of 100 percent polyester woven fabric labels; and two samples of 100 percent polyester woven fabric patches with embroidered borders. No item numbers are indicated for these samples. All of the woven fabrics in the nine samples appear to be of jacquard construction. The first group of narrow woven fabrics measure 1 inch in width, have fast edges, and have decorative abstract designs formed by the metallic strips. The three narrow fabrics are considered to be ribbons, and we assume that they will be imported in continuous lengths.

The four woven labels are commercial labels bearing trade names, as follows: David Eliot, Ann Lawrence, Mary Fany and Red Light. These labels are the kind used for marking wearing apparel. They are narrow fabrics measuring 1 1/4 to 2 inches in width and have fast edges.

The two embroidered patches, a 4 by 3 inch oval with the words "Casual Fashion" and a 3 inch diameter circle with the name "Aviator Club", only have embroidery work around their borders. The patches' words and designs are of jacquard woven construction. These items are the type of motifs that are attached to wearing apparel or hats.

The applicable subheading for the three ribbons will be 5806.32.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics, other than goods of heading 5807,..., other woven fabrics, of man-made fibers, ribbons, other. The rate of duty will be 9 percent ad valorem.

The four woven labels will be classifiable under the provision for labels, badges and similar articles of textile materials, in the piece, in strips or cut to shape or size, not embroidered, woven, labels, of man-made fibers, in subheading 5807.10.1020, HTS. The rate of duty will be 9 percent ad valorem.

The two embroidered patches will be classifiable under the provision for embroidery in the piece, in strips or in motifs; other embroidery; of man-made fibers; badges, emblems and motifs, in subheading 5810.92.0040, HTS. The rate of duty will be 8.4 percent ad valorem.

In your letter, you inquire about receiving preferential duty treatment under Andean Trade Preference Act. Please note that the above HTS subheadings in Chapter 58 are not eligible for reduced or free rates of duty under this Act.

The ribbon and the labels, excluding the embroidered motifs, fall within textile category designations 229 and 669, respectively. Based upon international textile trade agreements, products of Colombia are subject to the requirement of a visa.

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.

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

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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