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NY N020913




December 19, 2007

CLA-2-39:OT:RR:NC:TA:350

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950

Ms. Holly VanDeusen
Darice®
13000 Darice Parkway, Park 82
Strongsville, Ohio 44149-3800

RE: The tariff classification of three flocked ribbons, from China.

Dear Ms. VanDeusen:

In your letter dated December 10, 2007, on behalf of Lamrite West Inc., you requested a tariff classification ruling.

You submitted three representative samples which were identified as follows:

2910-01 3 Red Darice 25 yard Velvet Ribbon 2910-06 40 Burgundy Darice 25 yard Velvet Ribbon 2910-14 9 White Darice 25 yard Velvet Ribbon

All three ribbons are composed of plastic sheets or strips measuring between ½" and 2½" wide. These plastic ribbons have been flocked on one side with nylon man-made fibers. You state that the materials are 70% polypropylene plastic and 30% nylon man-made fibers, by weight. None of these ribbons appears to weigh over 1.492 kilograms per square meter.

While you indicate that classification is proper tin tariff subheading 3921.90.1500, HTS, this would not be correct. Since these plastic materials are combined with only one textile fiber (nylon), classification defaults to the subheading indicated below. Slip Op 94-100 is noted.

The applicable subheading for all three ribbons will be 3921.90.1950, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plates, sheets, film, foil and strip, of plastics, other than cellular, combined with a single textile material, other, weighing not more than 1.492 kg/m². The rate of duty will be 5.3 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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