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NY D84232




November 17, 1998

CLA-2-60:RR:NC:TA:351 D84232

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.20.6000

Ms. Donna Fields
Bath & Body Works
7 limited Parkway East
Reynoldsburg, OH 43068

RE: The tariff classification of a knit ribbon from Taiwan.

Dear Ms. Fields::

In your fax received October 29, 1998 you requested a classification ruling.

In subsequent telephone conversations you stated that the merchandise was identical to that of ruling letter C89952, dated July 9, 1998. The ribbon is made of 100 percent knit nylon and has a wire edging which makes it formable. It is decorated with dots of iridescent plastic glitter which are glued onto the surface of the ribbon at regular patterned intervals. It is identified as Style 109347, Glitter Dot Ribbon. The ribbon measures 2 inches in width. You did not indicate the length, but it is assumed that it is imported in continuous lengths without finished ends. The diaphanous appearance of the fabric imparted by the fineness and translucency of the yarn used to form the fabric could lead one to think that this could be considered open work fabric. However, the sample does not meet the definition of an open work fabric as outlined in Additional U.S. Note 2 to chapter 60, HTSUSA. It does not consist of stable open meshes, i.e., large open areas created by the knitting process which cannot be changed in shape. (Headquarters ruling 957218, dated March 24, 1995 noted.)

The applicable subheading for the ribbon will be 6002.20.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics; other, of a width not exceeding 30 centimeter; other; of man-made fibers. The rate of duty will be 8.2 percent ad valorem.

The fabric falls within textile category designation 222. 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 National Commodity

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