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April 15, 1999

CLA-2-46:RR:NC:SP:230 D89465

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.90.0000; 5609.00.4000

Ms. Judy Kearney
Network Brokers International, Inc.
Airport Industrial Office Park, Building C-1D 145th Avenue & Hook Creek Blvd.
Valley Stream, N.Y. 11581

RE: The tariff classification of decorative articles made of ribbons, from China.

Dear Ms. Kearney:

In your letter dated March 17, 1999, on behalf of Berwick Industries, Inc., you requested a tariff classification ruling.

The items in question, known as “Curl Swirls,” are bundles of curled ribbons (thin, flexible strips made of various materials, in differing quantities and widths) approximately 8 inches in length (in curled condition), stapled at midpoint to a small pressure-sensitive plastic card. The products are intended to serve as stick-on decorations for gift wrapping.

Your inquiry concerns a number of different styles whose individual specifications were provided, as listed below. Samples were submitted for selected styles only. Those styles for which no sample was received will be denoted with an asterisk (*). This ruling is based on the assumption that all of the dimensions and other facts presented are accurate.

#BSP1242 3 strands @ 3/8" width All polypropylene 9 strands @ 1/4" width " "

#VSK3007E 6 strands @ 3/16" width All polypropylene 3 strands @ 1/4" width 75% polypropylene/25% polyester 3 strands @ 1/4" width All polyethylene
#TJC4801 14 strands @ 1/2" width All polypropylene

(*) #TCS4853C 12 strands @ 3/8" width All polypropylene

#XJCS30 4 strands @ 1/4" width 75% polypropylene/25% polyester

(*) #XJCS30(A) 4 strands @ 1/4" width 75% polypropylene/25% mearl 4 strands @ 1/2" width 75% polypropylene/25% polyester 4 strands @ 3/8" width 100% polypropylene

(*) #XJCS30(B) 3 strands @ 1/4" width 75% polypropylene/25% polyester

(*) #XJCS30(C) 3 strands @ 1/4" width 75% polypropylene/25% mearl 3 strands @ 1/2" width 75% polypropylene/25% polyester 6 strands @ 3/8" width 75% polypropylene/25% polyester

We note that although style VSK3007E is made, in part, of ribbons whose individual widths (in metric equivalent) do not exceed 5 mm, the majority of the overall surface area of that style is never-theless provided by the wider (over 5 mm) ribbons. All of the other styles listed above consist entirely of ribbons which exceed 5 mm in width. Consequently, in accordance with General Explanatory Note (3) for Chapter 46 (HTS), all of the above-listed styles will be considered “articles of plaiting materials” for tariff purposes.

The applicable subheading for all of the “Curl Swirl” styles listed above will be 4602.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: other than of vegetable materials. The rate of duty will be 3.5%.

The one remaining style to be considered is as follows:

#CXS020 12 strands @ 3/16" width 75% polypropylene/25% polyester

For tariff purposes, this style will be considered a textile product because all of its ribbons are under 5 mm in width. Although you state that their composition is 75% polypropylene/25% polyester, it appears that the ribbons are coated with metal. For the purposes of this ruling, we are assuming that 100% of the ribbons comprising this product are metalized strip.

The applicable subheading for the style #CXS020 “Curl Swirls” will be 5609.00.4000, HTS, which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: other. The rate of duty will be 5.8%.

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 Paul Garretto at 212-637-7009.

Sincerely,

Robert B. Swierupski
Director,

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