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NY B83898

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April 14, 1997

CLA-2-58:RR:NC:TA:351 B83898

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.31.0000; 5806.39.3020; 5808.90.0010; 5808.90.0090; 9505.90.4000

Mr. William A. Guerin
A.N. Deringer Inc.
173 W. Service Rd.
Champlain, NY 12919

RE: The tariff classification of various ribbons from Taiwan

Dear Mr. Guerin:

In your letter dated March 31, 1997 you requested a classification ruling on behalf of Tye-Sil Corporation Ltd.

You have provided samples of the following five items:

Style 260086 is a 2«-inch wide decorative ribbon with a wire enclosed along each edge to provide stiffness. The stated fiber content is 50% cotton 35% metallic 15% polyester.

Style 260087 is a 2-inch wide decorative 100% PVC ribbon with a wire enclosed along each edge to provide stiffness. It is made from clear PVC sheet onto which decorative musical notes have been printed.

Style 260088 is a 2«-inch wide decorative ribbon with a wire enclosed along each edge to provide stiffness. The stated fiber content is 50% metallic 50% polyester.

Style 260089 is a 2«-inch wide decorative ribbon with a wire enclosed along each edge to provide stiffness. It was assembled by adhering a 1«-inch wide plastic strip onto a 2«-inch wide woven ribbon, and adhering a 1¬-inch wide woven flocked onto that strip. The stated fiber content is 5% metallic 95% nylon.

Style 260090 is a 2«-inch wide decorative ribbon with a wire enclosed along each edge to provide stiffness. It was assembled by adhering woven, knitted and plastic strip portions alongside each other to form a decorative ribbon. The stated fiber content is 75% metallic 15% polyester 15% nylon.

The applicable subheading for style 260086 will be 5806.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics; other woven fabrics; of cotton. The duty rate will be 9.6 percent ad valorem.

The applicable subheading for style 260087 will be 9505.90.4000 HTS, which provides for festive, carnival or other entertainment articles, including magic tricks and practical joke articles; other; confetti, paper spirals or streamers, party favors and noisemakers. The duty rate will be free.

The applicable subheading for style 260088 will be 5806.39.3020 HTS, which provides for narrow woven fabrics; other woven fabrics; of other textile materials; other; other; of metalized yarn. The duty rate will be 2.1 percent ad valorem.

The applicable subheading for style 260089 will be 5808.90.0010 HTS, which provides for trimmings in the piece, without embroidery, other than knitted or crocheted; of man-made fibers. The duty rate will be 6.6 percent ad valorem.

The applicable subheading for style 260090 will be 5808.90.0090 HTS, which provides for trimmings in the piece, without embroidery, other than knitted or crocheted; other. The duty rate will be 6.6 percent ad valorem.

Styles 260086 and 260088 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.

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. Note also that even a small change in the weight breakdown for the imported merchandise may affect the classification.

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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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See also:

• Tariff No.: 5806.31.00 - Narrow woven fabrics (other than goods of heading 5807), not pile, not cont by wt 5% or more of elastomeric yarn or rubber, of cotton, nesoi
• 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
• Tariff No.: 9505.90.40 - Confetti, paper spirals or streamers, party favors, and noisemakers, and parts & accessories thereof nesoi