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HQ 954014


September 8, 1993

CLA-2 CO:R:C:T 954014 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 5807.10.1020; 9811.00.6000

Mr. Harold Dyne
Pacific Trim & Belt, Inc.
3820 S. Hill St.
Los Angeles, California 90037

RE: Classification of woven textile labels; exemption from quota and visa restraints for commercial samples

Dear Mr. Dyne:

In your letters of April 9, 1993, and November 22, 1992, you requested a ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for woven textile labels from Taiwan and Thailand. You submitted samples along with your second letter.

You also requested waiver of quota and visa restraints for sample labels.

FACTS:

The samples submitted are one square "She Knows" label, one rectangular "Greenbox" and one triangular shaped "Jokko" woven textile label.

The labels have edges. One rectangular label has two sides folded over and heat set, and two sides with edges.

The labels were sent to the Office of Laboratories & Scientific Services for analysis. The following is the gist of the laboratory's analysis:

The white "She Knows" and the green "Greenbox" labels are woven and appear to have been made on a narrow fabric weaving machine. The cut selvedges were formed by cutting the fabric thermally with a hot wire type label cutting device. The hot temperature causes the thermoplastic 2
synthetic fibers to melt and fuse together to prevent raveling. The plastics material you describe at the edges is the melted fibers.

The white triangular "Jokko" label is woven, with edges that have also been cut with a hot wire.

ISSUES:

What is the correct HTSUSA classification for these labels?

Can quota and visa restraints be waived for samples?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relevant section or chapter notes.

Labels such as the submitted samples are classified under the provision for labels, badges, and similar merchandise of textile materials, in the piece, in strips or cut to shape and size, not embroidered: woven: labels: of man-made fibers, in subheading 5807.10.1020, HTSUSA.

Chapter 98, HTSUSA, covers special classification provisions. Subchapter XI of Chapter 98 provides for samples for soliciting goods. Subheading 9811.00.6000, HTSUSA, reads as follows:

Any sample (except samples covered by heading 9811.00.20 or 9811.00.40), valued not over $1 each, or marked, torn, perforated or otherwise treated so that it is unsuitable for sale or for use otherwise than as a sample, to be used in the United States only for soliciting orders for products of foreign countries.

(Note: 9811.00.20 applies to alcoholic beverages, and 9811.00.40 applies to tobacco products and cigarette papers and tubes. Neither subheading is applicable here.)

If your product meets the requirements of subheading 9811.00.6000 (i.e., if they are bona fide commercial samples for soliciting orders, not for resale), then it may be admitted free of duty and quota requirements. If the labels don't meet the requirements of 9811.00.6000, then Customs has no authority to waive those requirements. You should address your request for a waiver to the Committee for the Implementation of Textile Agreements, U. S. Department of Commerce, Room 3001, Washington, D. C. 20230.
3

HOLDING:

The instant samples are classified in subheading 5807.10.1020, HTSUSA, textile category 669, dutiable at the rate of 9 percent ad valorem. If the samples meet the requirements of subheading 9811.00.6000, then they may be admitted free of duty.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) 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.

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. Inasmuch as 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.

Sincerely,

John Durant, Director

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