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NY J84273




May 7, 2003

CLA-2-58:RR:NC:N3:351 J84273

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ms. Terri Ursey
Import Manager
Garden Ridge
19411 Atrium Place
Suite 170
Houston, TX 77084-6099

RE: The tariff classification of an assembled ribbon from Taiwan.

Dear Ms. Ursey:

In your letter dated April 25, 2003, you requested a ruling on tariff classification.

Style CP006L is a woven fabric, approximately two inches wide. Stitched onto this fabric is a highly decorative edging. This assembly by stitching meets one of the definitions of “made up” found in Note 7 to Section XI. The fiber content is listed as 83% polyester, 14% metallic, and 3% nylon.

The applicable subheading for style CP006L will be 6307.90.9889, HTS, which provides for other made-up textile articles, other. The general rate of duty will be seven percent ad valorem.

Regarding both DA159 and FC1208A, we are returning your request for a classification ruling, and any related samples exhibits, etc., 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 or not such goods are classifiable 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 Director, National Commodity Specialist Division, U.S. Customs Service, Attn: CIE/Ruling Request, One Penn Plaza, 10th Floor, New York, NY 10119. If you have any questions regarding the above, contact National Import Specialist Mitchel Bayer at 646-733-3102.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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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