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NY K81058




December 15, 2003
CLA-2-58:RR:NC:3:350 K81058

CATEGORY: CLASSIFICATION

TARIFF NO.: 5808.90.0010

KAT Import Brokers
Airport Industrial Office Park Bldg. B4A
145th Avenue at Hook Creek Blvd.
Valley Stream, New York 11581

RE: The tariff classification of various trimmings from China

Dear Ms. Krupskas:

In your letter dated November 10, 2003, on behalf of Horizon Fabrics, you requested a tariff classification ruling. The samples are being returned as requested.

There were five samples submitted with your letter. These products will be imported in at least 15’ lengths.

The first sample, MR4-002A, is described as being comprised of 90% rayon and 10% nylon with a raised design in the middle of the trim. We are unable to classify this product without the following additional information:

1. What kind of machine was this product made on?

2. Are the loop stitches on the edge made on a sewing or knitting machine?

3. The raised design appears to be of a braid construction. How was the raised portion attached to the underlying material? At what stage of production was the raised portion attached to the main piece?

The second sample, MR4-002B, appears to be composed of a gimped yarn and a braided fabric. It appears to be held together by a running stitch. Your letter indicates it is 100% nylon.

The applicable subheading for MR4-002B will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: other of cotton; of man-made fibers. The rate of duty in 2003 will be 4.3 percent ad valorem. The rate of duty in 2004 will be 3.9 percent ad valorem.

The third sample, MR4-002C, is described in your letter as a brown trim that resembles small bows joined together. This item appears to be a narrow woven fabric that is folded and tied into bow shapes that are also held in place with running stitches.

The applicable subheading for MR4-002C will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: other of cotton; of man-made fibers. The rate of duty in 2003 will be 4.3 percent ad valorem. The rate of duty in 2004 will be 3.9 percent ad valorem.

The fourth sample, MR4-002D, appears to be a combination of a yarn that is looped and sewn or knitted on each end of the loops. A ribbon is then attached on the looped yarns in a geometric and decorative manner. Your letter indicates the item is 100% nylon.

The applicable subheading for MR4-002D will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: other of cotton; of man-made fibers. The rate of duty in 2003 will be 4.3 percent ad valorem. The rate of duty in 2004 will be 3.9 percent ad valorem.

The fifth sample, MR4-002E, is described as a chenille fringe comprised of 80% rayon and 20% acrylic. The letter states the item has pieces of chenille cut and attached along their cut edge to form loops that are joined to a knitted band.

We are unable to classify MR4-002E without the following additional information:

1. Please provide a complete explanation of how the item is made, specifically, was the fringe attached to the knitted band in a separate operation after both were individually made?

2. What type of machine was this product made on?

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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