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NY J81209




March 10, 2003

CLA-2-58:RR:NC:TA:351 J81209

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.32.1090, 5808.90.0010

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 ribbon and trimming 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 request to no more than five items.

Item number 80406 is a ribbon woven of chenille fabric, approximately one inch wide. You state the fiber content to be 65% acetate/35% nylon. The applicable subheading for the ribbon, item 80406, 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.

Item W7999 is a woven fabric, approximately 1½” wide, with a row of woven textile plastic-coated hearts heat-welded longitudinally down the center, with a thin metal wire underneath the hearts. The fiber content is stated to be 70% nylon/20% metallic/5% wire. The applicable subheading for item W7999 will be 5808.90.0010, HTS, which provides for ornamental trimmings in the piece, other, of cotton or of man-made fibers. The rate of duty will be 4.3 percent ad valorem.

Your letter also seeks classification rulings for items 80601, 80701, 80209, and 80102. We are unable to rule on these without the following information.

Item 80209: How is it manufactured? Is it coated? If so, describe the coating.

Items 80601 and 80701: What kind of machine is it made on? Is it warp or weft? Is the center strip inserted during the knitting process?

Item 80102: You state the fiber content to be 98% nylon/2% metal poly yarn. 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 item 80102 contains a certain percentage by weight of metalized yarns. Please verify the fiber content in light of this.

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, 10th Floor, One 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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