United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 HQ Rulings > HQ 0954856 - HQ 0954937 > HQ 0954884

Previous Ruling Next Ruling


HQ 954884


January 12, 1994

CLA-2 CO:R:C:T 954884 BC

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.32.2000

S.K. Exports
9 Chatrabhuj Jivandas House
285 Princess Street
Bombay,-400 002 India

RE: Classification of narrow woven textile fabric made of polypropylene; polypropylene tapes; selvages; selvedges; Note 5, Chapter 58, HTSUS

Dear Sir:

This responds to your letter of May 8, 1993, wherein you requested a binding classification ruling for polypropylene tapes. We have reviewed the matter and our decision follows.

FACTS:

The merchandise at issue is described as polypropylene tapes in rolls of 45 to 50 meters and widths from 1/2 inch to 2 inches. You submitted a sample for our examination. The sample is a narrow woven textile fabric measuring 1 inch wide. It is made of black nontextured 100% polypropylene multifilament yarns. The tape has two woven fast edges, or selvages.

ISSUE:

What is the proper classification for the narrow woven textile fabric at issue?

LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined in accordance with the terms of the headings and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, the remaining rules will be applied in sequential order.

Heading 5806, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), covers, inter alia, narrow woven fabrics, other than goods of heading 5807, HTSUSA (labels, badges and similar articles of textile materials). Note 5 to Chapter 58, HTSUSA, defines "narrow woven fabrics" of heading 5806, HTSUSA, in pertinent part, as follows:

(a) Woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider pieces, provided with selvages (woven, gummed or otherwise made) on both edges.

"Selvage" is defined in the Man-Made Fiber and Textile Dictionary (Celanese Corporation) as follows:

[t]he narrow edge of woven fabric that runs parallel to the warp. It is [often] made with stronger yarns in a tighter construction than the body of the fabric to prevent raveling. A fast selvage encloses all or part of the picks [a filling thread or yarn running horizontally in woven goods], and a selvage is not fast when the filling threads are cut at the fabric edge after every pick.

The primary purpose of a selvage is to prevent the unravelling of the fabric at the edge. It is a feature incorporated into the fabric during the weaving of it; it is not added afterward. As stated above, "narrow woven fabric" of heading 5806, HTSUSA, must have a selvage on both edges.

Since the polypropylene tapes at issue measure less than 30 cm in width and contain two woven fast edges, or selvages, as indicated by the sample, they qualify as "narrow woven fabrics" under heading 5806, HTSUSA.

HOLDING:

The polypropylene tapes at issue, imported in rolls in a range of widths from 1/2 inch to 2 inches, are classifiable under subheading 5806.32.2000, HTSUSA, as narrow woven fabrics, other than goods of heading 5807; other woven fabrics; of man-made fibers; other. The applicable rate of duty is 7% ad valorem, and the applicable textile quota category is 229.

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 issuance of the U.S. Customs Service, which is updated weekly and is available at your 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 your local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: