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NY I85065




September 3, 2002

CLA-2-46:RR:NC:2:230 I85065

CATEGORY: CLASSIFICATION

TARIFF NO.: 4601.91.4000

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

RE: The tariff classification of abaca ribbon from the Philippines

Dear Ms. Kearney:

In your letter dated August 16, 2002, on behalf of the importer, Berwick Industries LLC, you requested a tariff classification ruling.

The ruling was requested on abaca ribbon to be used for gift wrapping and craft applications. It will be imported on 100 yard spools. A small sample piece of the ribbon was submitted. The sample is an open weave narrow sheet approximately 2 inches wide. It is made of loosely interwoven unspun abaca fibers which have been dyed green. One edge of the sample has been reinforced with textile thread.

Abaca fibers are vegetable textile fibers. For tariff purposes, unspun natural textile fibers are considered to be “plaiting materials” of chapter 46, Harmonized Tariff Schedule of the United States (HTSUS). See chapter note 1 of chapter 46, HTSUS. Articles made from unspun natural textile fibers are classifiable in chapter 46.

The applicable subheading for the unspun abaca ribbon will be 4601.91.4000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for . . . plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands or woven, in sheet form, . . . other, of vegetable materials, other, other. The rate of duty will be free.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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