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NY B88523





August 19, 1997

CLA-2-58:RR:NC:TA:351 B88523

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.20.1000; 5907.00.6000

Ms. Tamara Sverev
Import Manager
Kamden International Shipping, Inc.
P.O. Box 90219
Los Angeles, CA 90301

RE: The tariff classification of ribbons and flocked fabric from Taiwan

Dear Ms. Sverev:

In your letter dated July 31, 1997 you requested a classification ruling on behalf of your client Stats Floral Supply.

You have submitted 5 samples of ribbons which we assume will be imported on rolls. The materials have finished hems in gold along the sides. The hems contain wire to assist in maintaining shape. These decorative ribbons will be used to tie packages and are listed as follows:

1) Item #84101A-3 is a 3" wide open-work knit fabric which you indicate contains 50% metallic and 50% nylon. The ribbon has gold designs on its surface with two wired selvages made fast with gold metallic strips.

2) Item #RD96114 is a 2" wide open-work knit fabric stated to be 60% nylon and 40% metallic. The ribbon has gold leaf designs on its surface with two wired selvages made fast with gold metallic strips.

3) Item #99224-1 is a 3" wide ribbon entirely coated on one surface with 100% textile flock. Gold foil tassel designs are printed on the surface of the flock. The fiber content is 25% polyester and 75% nylon. This ribbon has two wired selvages made fast by hem stitching with gold metallic textile strips.

4) Item #RD961331B is a 2.5" wide ribbon entirely coated on one surface with 100% textile flock. Gold designs are printed on the surface of the flock. The fiber content is 70% polyester and 30% rayon. This ribbon has two wired selvages made fast by hem stitching with gold metallic textile strips.

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 ribbon(s) which is (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 item #720239 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 will be 8.1% ad valorem.

The applicable subheading for item #637012 and #720594 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 will be 2.1% ad valorem.

The applicable subheading for item numbers 96224-1 and RD961331B 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 4.1 percent ad valorem.

These ribbons and fabric 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.

We are unable to issue a ruling on item #FFL09G-2 because of an insufficient sample size for this item. If you wish us to rule on this item, please submit a sample of at least 2 feet in length with a new request for a binding ruling.

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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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