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April 6, 1999

CLA-2-58:RR:NC:TA:351 E80211

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.10.2800; 5806.32.1090; 5806.39.3020; 5808.90.0010; 5808.90.0090

Ms. Rita Pitts
Dillard Department Stores
11701 Otter Creek Road South
Mabelvale, AR 72103

RE: The tariff classification of ribbons and trimmings from Taiwan.

Dear Ms. Pitts:

In your letter dated April 1, 1999, you requested a classification ruling.

Four representative samples were submitted.

The first item, identified as style 927TG143HD is described as a 30 foot roll of 2 and 1/2 inch wide woven light sheer ribbon with wired edges, a 3/4 inch wide sewn in center textile trim and a claimed fiber content of 100 percent nylon.

The second item, identified as style 927TG151HD is described as a 30 foot roll of 2 and 1/2 inch wide woven ribbon with wired edges, a center sewn in design and a claimed fiber content of 90 percent nylon and 10 percent metallic yarns. The sewn in center design appears to be made of metalized yarns and seems to contribute more than ten percent of the weight of the item. For purposes of this ruling request, we will give classification as if it were made of your claimed fiber composition of chief weight man made fibers. If it were in chief weight of metallized yarns, it would be treated as if it were made of an “other” (than man made) textile fiber.

The third item, identified as style 927TG320TF is described as a 30 foot roll of 2 and 1/2 inch wide woven ribbon with wired edges, a gold back and a claimed fiber content of 35 percent polyester yarns and 65 percent nylon yarns. No mention is made of the contributory weight of the gold metallic yarns comprising the back appearance of the ribbon. For purposes of this ruling request, we will give classification as if it were made of your claimed fiber composition of chief weight man made fibers. If it were in chief weight of metallized yarns, it would be treated as if it were made of an “other” (than man made) textile fiber.

The fourth item, identified as style 927TG258TN is described as a 30 foot roll of 2 and 1/2 inch wide woven ribbon with wired edges, woven pile with gold lame back, and a claimed fiber content of 50 percent nylon, 25 percent polyester and 25 percent metallic.

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 items which are the subject of this ruling contain a certain percentage by weight of metalized yarns. We have not verified this through laboratory testing. 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.

The applicable subheading for style 927TG143HD will be 5808.90.0010, HTS, which provides for braids in the piece, ornamental trimmings in the piece, other, of cotton; of man-made fibers. The duty rate is 5.8 percent ad valorem.

The applicable subheading for style 927TG151HD, if it is in chief weight of man-made fibers, will be 5808.90.0010, HTS, which provides for braids in the piece, ornamental trimmings in the piece, other, of cotton; of man-made fibers. The duty rate is 5.8 percent ad valorem.

If style 927TG151HD is in chief weight of metallic yarns, the applicable subheading will be 5808.90.0090, HTS, which provides for braids in the piece, ornamental trimmings in the piece, other, of cotton; of man-made fibers, other. The duty rate is 5.8 percent ad valorem. There is no textile category number assigned to this HTS subheading.

The applicable subheading for style 927TG320TF, if it is in chief weight of man-made fibers, will be 5806.32.1090, HTS, which provides for narrow woven fabrics, other woven fabrics, of man-made fibers, ribbons, other. The duty rate is 7.5 percent ad valorem.

If style 927TG320TF is in chief weight of metallic yarns, the applicable subheading 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 is 1.5 percent ad valorem.

The applicable subheading for style 927TG258TN will be 5806.10.2800, HTS, which provides for narrow woven fabrics, woven pile fabrics, of man-made fibers, other. The duty rate is 9 percent ad valorem.

With the exception of style 927TG151HD, when treated as if in chief weight of metalized fiber, all of the other 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.

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 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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