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HQ 961986

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November 16, 1998

CLA-2 RR:CR:TE 961986 dnm

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.32.1090; 5806.39.3020; 5808.90.0010

Ms. Sheila Andrews
Dillard Department Stores
11701 Otter Creek Road South
Mabelvale, AR 72103

RE: Modification of NY C83218 Concerning Three Styles of Ornamental Ribbons

Dear Ms. Andrews:

This is in response to your letter, dated June 9, 1998, requesting reconsideration of New York Ruling Letter (NY) C83218, dated January 13, 1998, regarding the classification of ornamental trimmings and a warp knit open mesh fabric under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Your request for reconsideration dealt only with the three narrow woven fabric ribbons identified as styles 827TRB32TN, 827TRB27TN, and 827TRB62TF and not the open mesh knit fabric identified as style 827TRB79TF.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed modification of NY C83218 was published on October 14, 1998, in the Customs Bulletin, Volume 32, Number 41.

FACTS:

All styles under review are woven ribbons. Each is approximately 2-1/2 inches wide, 30 feet in length, and has hemmed lengthwise edges with a wire inserted in each hem. The ends are cut at right angles to the side edges. The three styles are made from different materials: style 827TRB32TN is 55 percent metallic, 35 percent nylon, and 10 percent polyester; style 827TRB27TN is 70 percent metallic and 30 percent nylon; and style 827TRB62TF is 75 percent polyester and 25 percent metallic.

The Harmonized Tariff Schedule of the United States Annotated (HTSUSA) provisions under consideration are as follows:

5806 Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive 5806.32 Of man-made fibers:

5806.32.10 Ribbons.............................. 5806.32.1010 Suitable for the manufacture of typewriter or similar ribbons of heading 9612.........
5806.32.1090 Other......................

5806.39 Of other textile materials:
5806.39.1000 of wool or fine animal hair..... 5806.39.2000 Of vegetable fibers except cotton.....................
5806.39.30 Other................................ 5806.39.3010 Containing 85 percent or more by weight of silk or silk waste.................
Other:
5806.39.3020 Of metalized yarn...

5808 Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles:
Braids in the piece:

5808.90.00 Other.................................... 5808.90.0010 Of cotton; of man-made fibers....... 5808.90.0020 Other:..............................

ISSUE:

Whether the ornamental trimmings identified as styles 827TRB32TN, 827TRB27TN, and 827TRB62TF are classifiable under heading 5808 or 5806 HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. If goods cannot be classified pursuant to GRI 1, then classification shall be according to the remaining GRIs in the order in which they appear. The Explanatory Notes (ENs) to the Harmonized Commodity Description and Coding System represent the official interpretation of the tariff at the international level. They facilitate classification under the HTSUS by offering guidance concerning the scope and meaning of the GRIs, notes, and headings.

Subheading Note 2, Section XI, HTSUSA, provides, in pertinent part:

2.(A) Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters
50 to 55 consisting of the same textile materials.

(B) For the purposes of this rule:

(a) Where appropriate, only the part which determines the classification under general interpretative rule 3 shall be taken into account.

Section XI (wherein chapter 58 is located), note 2(A), HTSUSA, provides:

Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.

Heading 5806, HTSUSA, provides for "narrow woven fabrics." The meaning of "narrow woven fabrics" is found in note 5(a) to chapter 58, HTSUSA, which provides the following definition: "[w]oven 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." (Emphasis added). ENs (A)(1) and (A)(2) for 5806, HTSUSA, state that the heading includes:

(1) Warp and weft fabrics in strips of a width not exceeding 30 cm, "provided with selvedges (flat or tubular) on both edges". These articles are produced on special ribbon looms several ribbons often being produced simultaneously; in some cases the ribbons may be woven with wavy edges on one or both sides.

(2) Strips of a width not exceeding 30 cm, cut (or slit) from wider pieces of warp and weft fabric (whether cut (or slit) longitudinally or on the cross) and provided with false selvedges on both edges, or a normal woven selvedge on one edge and a false selvedge on the other. False selvedges are designed to prevent unravelling [sic] of a piece of cut (or slit) fabric and may, for example, consist of a row of gauze stitches woven into the wider fabric before cutting (or slitting), of a simple hem, or they may be produced by gumming the edges of strips, or by fusing the edges in the case of certain ribbons of man-made fibres. (Emphasis added).
The classification of ribbons with wires inserted in hemmed edges of narrow woven fabrics has been the subject of several prior Customs Rulings. For example, see HQ 960767, dated January 15, 1998; HQ 953062, dated March 8, 1993; and HQ 953833, dated February 6, 1993. In each ruling, the goods were classified under heading 5806.

Accordingly, the goods in question, which are under 30 cm in width and which are hemmed (false selvages), are properly classifiable under heading 5806 as narrow fabrics.

HOLDING:

The goods which are the subject of this ruling are classifiable under heading 5806, HTSUSA. Style 827TRB62TF, made of 75 percent polyester and 25 percent metallic fibers, is classifiable in subheading 5806.32.1090, HTSUSA, with duty at the rate of 7.8 percent ad valorem. The designated textile and apparel category for that subheading is 229.

Style 827TRB32TN, made of 55 percent metallic, 35 percent nylon, and 10 percent polyester fibers, and style 827TRB27TN made of 70 percent metallic and 30 percent nylon fibers is 5806.39.3020, HTSUSA, with duty at the rate of 1.8 percent ad valorem. The designated textile and apparel category for that subheading is 229.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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 available for inspection at your local Customs office.

NY C83218 dated January 13, 1998, is hereby modified. In accordance with 19 U.S.C. 1625(c)(1), this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to 19 U.S.C. 1625(c)(1) does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR 177.10(c)(1)).

Sincerely,

John Durant, Director
Commercial Rulings Division


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See also:

• Tariff No.: 5806.32.10 - Woven ribbons of man-made fibers, not pile, not cont by wt 5% or more of elastomeric yarn or rubber
• Tariff No.: 5806.39.10 - Narrow woven fabrics (not goods of heading 5807), not pile, of wool/fine animal hair, not cont by wt 5% or more elastomeric yarn or rubber
• Tariff No.: 5806.39.20 - Narrow woven fabric (not good of heading 5807), not pile, of vegetable fibers except cotton, not cont by wt 5% or more elastomer yarn/rubber
• Tariff No.: 5806.39.30 - Narrow woven fabrics (not goods of heading 5807), not pile, of textile materials nesoi, not cont by wt 5% or more elastomeric yarn or rubber
• Tariff No.: 5808.90.00 - Ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles