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HQ 084109


July 07, 1989

CLA-2:CO:R:C:G 084109 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.10.0030

Mr. Kenneth Hand
Artistic Ribbon & Novelty Co., Inc.
22 West 21st Street
New York, N.Y. 10010

RE: Classification of decorative ribbon

Dear Mr. Hand:

This is in reference to your letter dated March 10, 1989, requesting the tariff classification of decorative ribbon under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Samples produced in China are submitted.

FACTS:

The merchandise at issue consists of 100 percent polyester ribbon that is manufactured in the United States and sent to China for further assembly into decorative ribbon rosettes of various sizes and designs. The decorative rosettes are intended for use on childrens' wear, ladies' dresses, and lingerie.

ISSUE:

Whether the ribbon at issue is classifiable as other made-up textile articles or as clothing accessories.

LAW AND ANALYSIS:

Heading 6307, HTSUSA, provides for other made-up articles of textiles. The Explanatory Notes provide the official interpretation of the tariff at the international level. Explanatory Note (25) to heading 6307, HTSUSA, states that heading 6307, HTSUSA, includes rosettes other than those for garments. The rosettes at issue are intended for use on garments and therefore, are not classifiable under this heading.

Heading 6217, HTSUSA, provided for other made up clothing accessories. Explanatory Note (b) to heading 6217, HTSUSA, states that the heading does not include rosettes not for garments. This implies that it does provide for rosettes that are for garments.

HOLDING:

The importer states that the merchandise at issue is to be used on garments, assuming that this information is correct the decorative rosettes at issue are classifiable under subheading 6217.10.0030, HTSUSA, which provides for other made-up clothing accessories, accessories, of man-made fibers. The textile category number is 659. The rate of duty is 15.5 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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