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NY N003918





December 8, 2006

CLA-2-58:RR:NC:TA:350

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.39.2000

Ms. Yolanda Massey
Michaels®
8000 Bent Branch Drive
Irving, TX 75063

RE: The tariff classification of narrow woven fabric, for use in the floral trade, from China.

Dear Ms. Massey:

In your letter dated November 9, 2006, you requested a tariff classification ruling.

The instant sample, identified as style 60155, consists of a narrow woven material that you describe as a burlap garland. It is a loosely woven fabric of jute (burlap) construction that measures 7-inches in width and 10-yards in length. Based on the header, it appears to have application in the floral trade.

You suggest classification in tariff heading 5310.90, HTSUS, which provides for woven fabrics of jute or of other textile bast fibers of heading 5303, other. This classification is not correct as the material measures only 7-inches in width, and, as such meets the definition of a narrow woven fabric as outlined in Chapter 58. Specifically, note 5(a) to said chapter reads in part: “For the purposes of heading 5806, the expression “narrow woven fabrics” means:

(a) woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider pieces.”

Accordingly, the applicable subheading for the product will be 5806.39.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other woven fabrics, of vegetable fibers, except cotton. The rate of duty will be 4.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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