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NY G82116




October 17, 2000

CLA-2-58:RR:NC:TA:351 G82116

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.31.0000, 5806.32.1090, 6002.20.1000

Kris Spurbeck
Import Commodity Head
Target Stores
1000 Nicollet Mall
Minneapolis, MN 55440-9411

RE: The tariff classification of narrow fabrics from China.

Dear Ms. Spurbeck:

In your letter dated September 1, 2000, you requested a classification ruling.

You have submitted five samples which you call “Christmas wired ribbon garland.” All have a thin metallic wire inserted along each lengthwise edge held in place with an overlock stitch; the wire allows the fabric to be bent and shaped. The ends of each length of fabric are similarly closed with an overlock stitch. Each is wrapped in cellophane on a cardboard spool; enclosed literature indicates that this is the retail packaging as giftwrapping accessories.

Style T00232 is a red, green, yellow, blue, and gold plaid, with gold metallic thread for the overlock stitches. It is 2” wide by 12’ long. Fiber content is shown as 90% polyester and 10% metallic. Style T00284 is described as “gold sheer with gold stars”; the stars are woven in and gold metallic thread is used for the overlock stitches. It is 2” x 12’. Fiber content is shown as 67% polyester and 33% metallic.

Style T00057 is a red (or blue) and white check with snowmen and snowflakes. It, too, is 2” x 12’. Its overlock stitching is of silver metallic thread, and it is 100% cotton.

Style T03732 is described as “gold sheer with embroidery with beads” with gold metallic overlock stitching. It is 2.5” x 6’. Fiber content is listed as 58% metallic, 20% nylon, 15% plastic bead, 7% wire. Please note that fiber content is limited to textile fibers only.

Style T09546 is an openwork warp knit, 2” x 12’, with gold metallic overlock stitching. Fiber content is listed as 55% metallic, 45% nylon.

You suggest that the sample fabrics are properly classifiable under 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up articles . . . other . . . other . . . other . . . other . . . other.” The wording of the heading requires that merchandise, to be classifiable thereunder, (1) not be classifiable elsewhere; (2) be “made up” within the terms of Section XI, Note 7, HTS; and (3) be an article (as opposed to being piece goods).

The second criterion for classification is governed by Note 7 to Section XI, HTS, which states, in pertinent part:

For the purposes of this Section, the expression “made up” means: . . . (c) Hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics, the cut edges of which have been prevented from unraveling by whipping or by other simple means.

Each fabric features overlock stitching which forms a hem on each end to prevent the ribbon from unraveling until cut to use. As the overlock stitching is present for the purpose of preventing the fabric from unraveling, the ribbon, as represented by the sample, does not qualify as “made up” within the terms of Note 7, Section XI. Therefore, it is not classifiable under 6307.90.9989, HTS.

The applicable subheading for styles T00232 and T00284 will be 5806.32.1090, which provides for “Narrow woven fabrics, other than goods of heading 5807; . . .: Other woven fabrics: Of man-made fibers: Ribbons: Other.” The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style T00057 will be 5806.31.0000, HTS, which provides for “Narrow woven fabrics, other than goods of heading 5807; . . .: Other woven fabrics: Of cotton. The duty rate will be 9.3 percent ad valorem.

The applicable subheading for style T09546 will be 6002.20.1000, HTS, which provides for “Other knitted or crocheted fabrics: . . . Other, of a width not exceeding 30 cm: Open-work fabrics, warp knit.” The duty rate will be 14.9 percent ad valorem.

Style T03732 cannot be classified without knowing the fiber content of the ground fabric. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

Subheadings 5806.32.1090, 5806.31.0000, and 6002.20.1000 fall within textile category designation 229. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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