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NY B83699




April 14, 1997

CLA-2-58:RR:NC:TA:350 B83699

CATEGORY: CLASSIFICATION

TARIFF NO.: 5808.90.0010

Mr. Christopher L. Thayer
Hallmark Cards, Inc.
Kansas City, MO 64141

RE: The tariff classification of a Pom Pom twist gift tie, from Hong Kong.

Dear Mr. Thayer:

In your letter dated March 19, 1997, you requested a classification ruling. The origin of this product is construed to be Hong Kong as the currency of transaction stated in your correspondence is HK$.

The instant sample, identified in your letter as style #145ETM5873, consists of a twist tie constructed from two 2" in diameter pom poms composed of 100% acrylic man-made fibers (not yarns) that have been connected by a 6 3/4" long by 8 mm wide metallic PET film covered steel wire twist tie. Your letter indicates that this item will be marketed as a gift wrap accessory during the Easter selling season.

Your suggestion that classification is proper in tariff subheading 8309.90.0000 is not correct. Heading 8309... provides for sealing and packing accessories used to close off a container or bag. Your letter does not indicate that this item is used in any manner other than decorative or ornamental in nature.

Accordingly, the applicable subheading for the product will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for ... tassels, pom pons and similar articles, ... of man-made fibers. The duty rate will be 6.6 percent ad valorem.

This merchandise falls within textile category designation 229. Based upon international textile trade agreements products of Hong Kong 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.

Your sample is being returned per your request.

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 George Barth at 212-466-5884.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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