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NY J81208




March 7, 2003

CLA-2-58:RR:NC:TA:351 J81208

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.32.1090

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 ribbons from Taiwan.

Dear Ms. Kearney:

In your letter dated February 12, 2003, on behalf of Berwick Industries LLC, you requested a tariff classification ruling.

You submitted six (6) samples. In the future, please limit each ruling request to no more than five items.

Item number 77809 is a ribbon, 1-5/8” wide, woven of nylon. It has a filament inserted (sewn) the length of each edge. Item 80506 is a ribbon, 1” wide, woven of nylon. It also has a filament sewn the length of each edge. This ribbon has been crimped to create pleats every 3/8” running the length of the ribbon.

The applicable subheading for both ribbons, 77809 and 80506, will be 5806.32.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics, other than goods of heading 5807; other woven fabrics; of man-made fibers; ribbons; other. The rate of duty will be 6.3 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on item W7989. Your request for a classification ruling should include a full description of the manufacturing process, including the type of machine it is made on. When this information is available, you may wish to consider resubmission of your request.

Your letter also seeks classification rulings for items W7909, 78616, and W7979. They are narrow fabrics with metal wires running the length of each edge. We are precluded from issuing a ruling on this item 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 at that time, 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 above, contact National Import Specialist Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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