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NY B83899





April 14, 1997

CLA-2-58:RR:NC:TA:351 B83899

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.32.1090; 5806.39.3020

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 260081 is a warp-knitted 2«-inch wide decorative ribbon with a wire enclosed along each edge to provide stiffness. It is a net-like open-work material. The stated fiber content is 55% metallic 45% polyester.

Style 260082 is a woven 2«-inch wide decorative ribbon with a wire enclosed along each edge to provide stiffness. The stated fiber content is 15% metallic 85% nylon.

Styles 260083 and 260084 are woven 2«-inch wide decorative ribbons with a wire enclosed along each edge to provide stiffness. The stated fiber content is 50% metallic 50% polyester.

Style 260085 is a woven 2«-inch wide decorative ribbon with a wire enclosed along each edge to provide stiffness. The stated fiber content is 100% acrylic.

The applicable subheading for styles 260082 and 260085 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 fiber; ribbons; other. The duty rate will be 8.1 percent ad valorem. The applicable subheading for styles 260081, 260083 and 260084 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.

All five styles 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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