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NY B80102




December 19, 1996

CLA-2-58:RR:NC:TP:351EG B80102

CATEGORY:CCLASSIFICATION

TARIFF NO.: 5806.32.1090; 5806.39.3020

Mr. Mark Adler
M. Adler's Son, Inc.
8 Rewe Street
Brooklyn, N.Y. 11211-1797

RE:The tariff classification of ribbons from Taiwan

Dear Mr. Adler:

In your letter dated December 2, 1996 you requested a classification ruling.

You have submitted 4 samples of decorative ribbons as follows:

R5134/MAO5134 is a 1.5" wide ribbon woven with nylon and metallic yarns. This ribbon has fast edges and is characterized by a .75" wide strip down the center with gold stripes on both sides. The weight breakdown is indicated as 80% nylon and 20% metallic.

R5135/MAO5135 is a 1.5" wide ribbon woven with nylon and metallic yarns. The ribbon has thin gold stripes running down its length and has two wired selvages made fast with gold metallic strips. The weight breakdown is indicated as 37% nylon and 63% metallic.

R5136/XAO5136 is a sheer gold ribbon with green and red stripes. The ribbon is 1.5" wide and woven with polyester and metallic yarns. This ribbon has two wired selvages made fast with gold metallic strips. The weight breakdown is indicated as 45% nylon and 55% metallic.

R5137/XAO5137 is a 1.5" wide ribbon woven with nylon and polyester yarns. This ribbon has two wired selvages made fast with gold metallic strips. The weight breakdown is indicated as 95% nylon and 5% polyester.

These ribbons are 10 yards long and imported on put up on rolls with flanges. The ribbons are sold to florists for decorative use.

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. Also note that the metal wire enclosed along the edges of these ribbons is not counted as part of the textile fiber content (i.e. it is completely ignored).

The applicable subheading for styles R5134 and R5137 will be 5806.32.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics,...: Other woven fabrics: Of man-made fibers: Ribbons, other. The duty rate for 1996 is 8.4 percent ad valorem. The rate of duty for 1997 will be 8.1%.

The applicable subheading for styles R5135 and R5136 will be 5806.39.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics,...: Other woven fabrics, other than goods of 5807; other woven fabrics: Of other textile materials: Other; of metallized yarn. The duty rate for 1996 is 2.4 percent ad valorem. The rate of duty for 1997 will be 2.1% 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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