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HQ 084846


September 22, 1989

CLA-2 CO:R:C:G 084846 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.20.0000

Mr. Armand J. Cohodes
Assistant Vice President
Contractor Operations
Jaymar-Ruby, Inc.
P.O. Box 700
Michigan City, Indiana 46360

RE: Classification of waist webbing

Dear Mr. Cohodes:

This is in reply to your letter of June 6, 1989, concerning the tariff classification of waist webbing, produced in the United States, for exportation to Japan, under the
Harmonized Tariff Schedule of the United States Annotated (HTSUSA

You have stated that in attempting to export this merchandise to Japan, Japanese
Customs has required a tariff classification under subheading 5407.10, as woven fabrics of polyesters. While we normally do not provide advisory rulings related to exportation of merchandise from the United States, we are now furnishing a binding ruling for this merchandise in the event importation takes place sometime in the future. Please be aware that this ruling is in no way binding upon the government of Japan.

FACTS:

The merchandise at issue is woven fabric approximately 9 cm in width, consisting of
80 percent polyester yarns and 20 percent elastomeric yarns, to be used as waist webbing for Sansabelt~ slacks.

ISSUE:

Whether the fabric is considered narrow woven fabric under the HTSUSA?
LAW AND ANALYSIS:

Heading 5806, HTSUSA, provides for, inter alia, narrow woven fabrics, other than labels, badges, and similar articles of heading 5807. The General Rules of Interpretation
(GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

... classification shall be determined according to the terms of the headings and any relative section or chapter notes ....

Goods which cannot be classified in accordance with GRI 1 are to be classified in accordance with subsequent GRI's, taken in order.

Note 5 to Chapter 58, HTSUSA, defines "narrow woven fabrics" as:

(a) Woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider pieces, provided with selvages ( woven, gummed or otherwise made) on both edges;

The Explanatory Notes to the HTSUSA constitute the official interpretation of the tariff at the international level. The Explanatory Note to this heading states that products within this heading

... include both ribbons and webbing....

[W]ebbings are thick, strong, narrow woven fabrics , usually of cotton, flax, hemp or jute, used in saddlery, harness-making, for the manufacture of straps, belting or waist bands, chair seats, etc. [Emphasis added.]

The goods covered by this heading are usually woven with the same weaves as the fabrics of Chapters 50 to 55 [including subheading 5407.10, supra] ..., and they differ from these fabrics only as regards the criteria referred to ... above.

In the instant matter, if the fabric contains selvages on both edges, it will be classifi able as a narrow woven fabric under heading 5806, HTSUSA. In the Man-Made Fiber and Textile Dictionary (Celanese Corp. ), selvage is defined as:

[t]he narrow edge of woven fabric that runs parallel to the warp. It is made with stronger yarns in a tighter construction than the body of the fabric to prevent raveling. A fast selvage encloses all or part of the picks [(a filling thread or yarn running horizontally in woven goods)], and a selvage is not fast when the filling threads are cut at the fabric edge after every pick.

It is clear that the submitted sample has two fast selvages. All of the picks are enclosed. If the fabric did not have fast selvages, the edges would easily unravel; this is not the case. Therefore, the sample satisfies the above- stated requisites for narrow woven fabrics of heading 5806, HTSUSA.

HOLDING:

As a result of the foregoing, the instant merchandise is classified under subheading
5806.20.0000, HTSUSA, textile category 229, as narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (buldocs), other woven fabrics, containing by weight 5 percent or more of elastomeric yarn or rubber thread. The applicable rate of duty in 8 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current
Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

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 importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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