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NY D84295




November 17, 1998

CLA-2-59:RR:NC:TA:350 D84295

CATEGORY: CLASSIFICATION

TARIFF NO.: 5907.00.6000

Ms. Paula M. Connelly, Esq.
Middleton & Shrull
44 Mall Road, Suite 208
Burlington, MA 08103-4530

RE: The tariff classification of a "lacekeeper" for use on athletic footwear, from Taiwan.

Dear Ms. Connelly:

In your letters dated August 18 and October 19, 1998, respectively, on behalf of New Balance Athletic Shoe, you requested a classification ruling.

The "lacekeeper", in its imported condition, which is ready to be incorporated into footwear, is approximately 1« inches long and « inch wide. It is of a narrow woven fabric of polyester man-made fibers that has a reflective material, inch wide, running longitudinally along the center of the material. Your letters indicate that this material is 90% polyester and 10% reflective material, by weight. After importation, this lacekeeper will be sewn to the vamp of an athletic shoe and used to keep the shoe lace in place.

You have informed us that the reflective material portion is a combination of a resin and glass beads, but note its exact composition is proprietary. You further indicate that this reflective material is applied to the narrow woven fabric while the textile is still in long lengths.

You believe that because of the additional processes performed on the material, i.e., cutting, hemming, and applying reflective material that the material is classifiable under HTS 6307.90.9989, as other made up articles. This product, however, is not considered made up within the meaning of Section XI, Notes 7 (a and b) which read as follows:

For the purposes of this section, the expression "made up" means:

(a) Cut otherwise than into squares or rectangles;

(b) Produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, tablecloths, scarf squares, blankets). The finished product is rectangular in shape.

In addition, this material, by construction, is a narrow woven fabric that has a natural selvage and is not further hemmed. Also, the ends are "raw", that is, just cut and not further sealed or stitched. Additionally, this material was further worked by applying a reflective coating. This product is not considered to be produced in the finished state.

Chapter 59, note 1, reads "except where the context otherwise requires, for the purposes of this chapter the expression "textile fabrics" applies only to the woven fabrics of chapters 50 to 55 and heading 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted fabrics of heading 6002". This material would normally fall in heading 5806, had it not been for the coating application.

Because the reflective component (a blend of glass beads and resin) is considered to be a coating substance other than that of a plastic, the applicable subheading for the material will be 5907.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics otherwise impregnated, coated or covered, ... of man-made fibers. The duty rate will be 3.5 percent ad valorem.

This merchandise falls 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 George Barth at 212-466-5884.

Sincerely,

Robert B. Swierupski
Director,

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