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NY C88678




June 8, 1998

CLA-2-58:RR:NC:TA:351 C85445

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.39.3020

Ms. Laura Proctor
Customs Analyst
JC Penney Purchasing Corporation
6501 Legacy Drive
Plano, TX 75301-0001

RE: The tariff classification of ribbons from Taiwan

Dear Ms. Proctor:

In your letter dated June 2, 1998 you requested a classification ruling.

You have submitted 2 samples of ribbons which we assume will be imported on rolls. These decorative ribbons are listed as follows:

1) Item #094-6616-0000(899618) is a woven fabric measuring 2 inches in width. You state that the fiber content is 56.7% metallic, 24.9 % polyester and 45% wire. The ribbon has two wired selvages made fast by metallic yarn.

2) Item #094-6619-0007(899623) is a woven fabric measuring 2 inches in width. You state that the fiber content is 75.8% metallic made from polyester fibers and 24.2% wire. The ribbon has two wired selvages made fast by metallic yarn.

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 to the point that the ribbons contain 50% or more, by weight, of metalized yarn. Upon importation, however, if the metalized fiber content is found by laboratory testing or other means to be less than 50% by weight of metalized yarn, 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 both ribbons 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 1.8% ad valorem.

These ribbons and trimmings 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.

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 Camille Ferraro at 212-466-5885.

Sincerely,

Robert B. Swierupski
Director

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