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NY I81871




June 5, 2002

CLA-2-63:RR:NC:TA:351 I81871

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ms. Khem Lall
Federated Merchandising Group
11 Penn Plaza
New York, NY 10001

RE: The tariff classification of ribbon garlands from Taiwan.

Dear Ms. Lall:

In your letter dated May 8, 2002, you requested a tariff classification ruling.

The sample swatches submitted are pieces of ribbon garlands, item numbers TN20450642, SD10065642, SD20099642, SD20427642, YN20098642 and CS20456642. TN20450642 is made of 95% metallic/5% rayon open work warp knit fabric. The garland is manufactured with a sewn-in metal wire along the lengthwise edges. It is 2½” by 10 yards.

Item number SD10065 642 is constructed of 100% nylon woven flocked fabric. Sewn onto the lengthwise edges are plastic beads strung on a metal wire. The ends are cut and not hemmed. It measures 2½” by 10 yards.

Item number SD20099642 is made of 100% nylon woven flocked fabric. Sewn onto the lengthwise edges are plastic beads strung on a textile cord. The ends are cut and not hemmed. It measures 2½” inches by 10 yards.

Item number SD20427642 is constructed of 100% polyester pile fabric. Attached along the lengthwise edges are a metal wire and a metallic twisted cord. It measures 2½” by 10 yards.

The applicable subheading for item numbers TN20450642, SD10065642, SD20099642 and SD20427642 will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The duty rate will be 7% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on YN20098642. Your request for a classification ruling should explain how the wire was inserted during the knitting process, specifically, was it a simultaneous or separate operation? When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include a copy of this letter.

We are returning your request for a classification ruling for ribbon garland item number CS20456642, because we are precluded from issuing a ruling letter by the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Section 177.7 (b) of the Customs Regulations provides that a ruling will not be issued in cases where pending litigation exists before the United States Court of International Trade. In Berwick Industries, Inc. v. United States, Civil Action 98-12-03207, the issue of classification of ribbons containing wires sewn into the edges is before the Court. The issue being litigated involves whether the insertion of wires at the edges results in a “made up” article and whether such goods are classifiable as ribbon in heading 5806 or as other made up articles in heading 6307, HTS. Since the classification of the ribbons which are the subject of this request for a ruling are similar to the goods before the Court in Berwick Industries, Supra, we are precluded from issuing a ruling in this case.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor 1 Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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