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NY N005678




February 21, 2007

CLA-2-58:RR:NC:TA:352

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.99.9000

Mr. Darrell Sekin Jr.
DJS International Services, Inc.
4215 Gateway Drive, Suite 100
Colleyville, TX 76034

RE: The tariff classification of five metalized/nylon blend embroidered ribbons from India.

Dear Mr. Sekin Jr.:

In your letter dated January 15, 2007, on behalf of your client Raz Imports, Inc., you requested a tariff classification ruling. The samples submitted were consumed in analysis and cannot be returned as requested.

Five samples of embroidered ribbon, designated as styles R2727320, R2727321, R2727322, R2727323 and R2727324, accompanied your request for a ruling. These products are identical in fiber content and construction and vary only in the color of the yarns from which they are manufacture. Each sample is an embroidered narrow woven fabric composed of 61% metalized yarn and 39% nylon monofilaments. Measuring approximately 10 centimeters in width, these products are plain woven ribbons with fast edges that have been embroidered with rows of plastic sequins. Along each edge a metal wire has been inserted so that the embroidered ribbon will hold its shape when bent or folded.

The applicable subheading for the embroidered fabric will be 5810.99.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for embroidery in the piece, in strips or in motifs, other embroidery, of other textile materials, other. The duty rate for this provision is governed by additional U.S. Note 5 to Chapter 58 which provides that the rate of duty is 4.2 percent ad valorem but in the case of embroidery in the piece not less than the rate which would apply to the fabric if not embroidered. Since the base fabric without the embroidery is classifiable in subheading 5806.39.3020, HTSUS, which provides a free rate of duty, the rate of duty for the embroidered fabric will be 4.2 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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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