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NY A89051




November 19,1996

CLA-2-58:RR:NC:TP:351 A89051

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.32.1090; 5806.39.3020; 5907.00.6000; 6002.20.1000

Ms. Pat Gaidamavice
Santa's Best
770 Frontage Road, Ste. 130A
Northfield, IL 60093

RE: The tariff classification of ribbons from Taiwan

Dear Ms. Gaidamavice:

In your undated letter received October 30, 1996 you requested a classification ruling.

You have submitted 16 samples of decorative ribbons as follows:

Item RG-91 "Sheer Gold Ribbon with Green/Red Stripes" is a 2" wide ribbons woven with polyester and metallic yarns. This ribbon has two wired selvages made fast with gold metallic strips. The weight breakdown is indicated as 60% nylon and 40% metallic.

Items H15 "Gold Ribbon with Crinkle" and NR-466 "Gold and Ivory Brocade" are 2" wide ribbons woven with polyester and metallic yarns. These ribbons have two wired selvages made fast with gold metallic strips. The weight breakdown is indicated as 50% polyester and 50% metallic. Please note that even a small change in the weight breakdown for the imported merchandise may affect the classification.

NR-415-C5 "Iridescent Paisley", another 2" wide woven ribbon with wired edge, is stated to be of 50% polyester and 50% metallic. However, it does not appear to have any metallized yarns. We will assume it is of 100% man-made fiber.

Items L-627-40 "Burgundy Fleur de Lis", L-643-20 "White Ribbon with Silver Pattern", LK-768 "Tapestry" and K-5485 "Gold Star Burst" are 2" wide ribbons woven with polyester and metallic yarns. All four ribbons have two wired selvages made fast with metallic strips respectively. The weight breakdown for these ribbons is indicated as 65% polyester and 35% metallic.

Item PK-917 "White with Diamond Design" is a 2" wide ribbons woven with nylon and metallic yarns. This ribbon is sheer and see-through with clusters of sparkles dotting its surface in repeating patterns and has two wired selvages made fast with silver metallic strips. The weight breakdown is indicated as 75% nylon and 25% metallic.

Item number GP-326-A-10 "Acrylic Plaid" is a 2" wide ribbon woven with 100% acrylic yarns. This ribbon has two wired selvages made fast with gold metallic strips. Items FC-121 "Red Velvet with Snowflakes", FC-50 "Red Velvet with Diamond Pattern" and A-604-30 "Red Velvet Plaid" are 2" wide ribbons entirely coated on one surface with 100% textile flock. Various designs using glitter are printed on the surface of the flock. FC-121 and FC-50 are 70% polyester and 30% nylon and A-604-30 is 75% nylon and 25% metallic. These ribbons have two wired selvages made fast with gold strips.

Items Q466 "Gold Lace Ribbon", PK-826-1 "Ivory Lace" and PK-N-1002 "White Lace" are 2" wide ribbons of warp knit, open-work fabric. Q466 is 50% nylon and 50% metallic. PK-826-1 and PK-N-1002 are 75% nylon and 25% metallic. These ribbons have two wired selvages made fast with metallic strips.

These ribbons are imported on corrugated spools for retail sale. The ribbons are used for holiday tree and home decorating.

Please note that a yarn that contains any amount of metal is regarded in its entirety as "metalized yarn" for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal. You have stated that the ribbons which are the subject of this ruling contain a certain percentage by weight of metalized yarns. We have not verified this through laboratory testing, and will assume that your stated fiber content is correct. Upon importation, however, if the fiber content is found by laboratory testing or other means to be different from that stated in this ruling, then this ruling does not apply.

The applicable subheading for item numbers RG-91, NR415-C5, L-627-40, L-643-20, PK-917, LK-768, K-5485 and GP-326-A-10 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 duty rate will be 8.4 percent ad valorem.

The applicable subheading for item numbers H15 and NR466 will be 5806.39.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics, other than goods of heading 5807; other woven fabrics; of other textile materials; other; of metalized yarn. The duty rate will be 2.4 percent ad valorem.

The applicable subheading for item numbers FC-121, FC-50 and A-604-30 will be 5907.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics otherwise impregnated, coated or covered; other; of man-made fibers. The duty rate will be 4.6 percent ad valorem.

The applicable subheading for item numbers Q466, PK-826-1 and PK-N-1002 will be 6002.20.1000 HTS, which provides for other knitted or crocheted fabrics; other, of a width not exceeding 30 cm; open-work fabrics, warp knit. The duty rate will be 15.6 percent ad valorem.

The ribbons fall within textile category designation 229. Based upon international textile trade agreements products of Taiwan are subject to quota and 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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jeff Konzet at 212-466-5885.

Sincerely,

Roger J. Silvestri
Director

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