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NY B80502




December 27, 1996

CLA-2-58:RR:NC:TP:351 B80502

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.39.3020; 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 letter dated December 9, 1996 you requested a classification ruling.

You have submitted 5 samples of decorative ribbons as follows:

U121 is described as "Ivory Ribbon with Champagne Gold Squares and Sterling Flowers, Gold Wire Edge", 2" 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 50% polyester and 50% metallic.

NR554 is described as "Champagne Gold Metallic Ribbon with "V" Pattern, Gold Wire Edge", 2" 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 50% polyester and 50% metallic.

Q539 is described as "Sterling and Champagne Gold Mesh Ribbon, Gold Wire Edge", 2" wide knit open-work with nylon and metallic yarns. This ribbon has two wired selvages made fast with gold metallic strips. The weight breakdown is indicated as 50% nylon and 50% metallic.

H104 is described as "Champagne Gold Sheer Ribbon with Sterling Stripes, Gold Wire Edge", 2" wide and woven with nylon and metallic yarns. This ribbon has two wired selvages made fast with gold metallic strips. The weight breakdown is indicated as 50% nylon and 50% metallic.

These ribbons are assumed to be imported on rolls. The ribbons are for decorative use.

The statements made in the ruling request concerning the fiber content of style #NR666 appears to be incorrect. It is evident from the sample attached that there is some metallic yarn present, however, there is no indication of any metallic substances in the fiber contents listed. When this information is available, you may wish to consider resubmission of your request for this item.

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 U121, NR554 and H104 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 metalized 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 applicable subheading for style Q539 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 for 1996 is 15.6 percent ad valorem. The duty rate for 1997 will be 15.4 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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