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NY C82813





December 29, 1998

CLA-2-58:RR:NC:TA:351 C82813

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.39.3020; 6307.90.9989

Mr. Mark Adler
M. Adler's Son, Inc.
8 Rewe Street
Brooklyn, NY 11211

RE: The tariff classification of ten narrow fabric materials, from Taiwan.

Dear Mr. Adler:

In your letter dated November 26, 1997, which was received December 18, 1997, you have requested a classification ruling. The samples for which you seek a classification ruling vary mainly in fiber content and due to assemblage, by the combining of various elements such as foil edging and fabrics with flocked, coated and/or cut out constructions, may be considered narrow woven fabrics or other made-up articles.

Ten small sample swatches were submitted, and you indicate that they will be imported in rolls measuring 2.5" x 10 yards.

Style MA98018 consists of a narrow woven fabric composed of a 70% metallic/30% nylon man-made fiber blend.

Styles MA98012, MA98013, MA98014, MA98015, MA98016 and MA98017, consist of narrow woven fabrics composed of a 30% metallic/45% nylon/25% polyester man-made fiber blend. With regard to these samples, all of the polyester yarns appear to be twisted or gimped with a metallic thread or strip. As such the entire yarn is considered to be metallic with only the nylon remaining as a man-made fiber.

Styles MA98019 and MA98020 (the cherub and musical note) are flocked narrow fabric materials of chapter 59 and style MA98021 (also a cherub and musical note) is a plastic coated fabric of the same chapter. They are all stated to be 80% nylon and 20% polyester man-made fibers, by weight. Since all three styles have designs that are cut out and then hemmed, these three products are considered to be made-up articles.

The applicable subheading for styles MA98012, MA98013, MA98014, MA98015, MA98016, MA98017 and MA98018, will be 5806.39.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for ... other narrow woven fabrics, ... of metallized yarn. The duty rate is 2.1 percent ad valorem. Effective January 1, 1998, the duty rate will be 1.8 percent ad valorem. The applicable subheading for styles MA98019, MA98020 and MA98021 will be 6307.90.9989, HTS, which provides for .... other made up articles. The duty rate is 7 percent ad valorem. Effective January 1, 1998, the duty rate will be remain 7 percent ad valorem. Styles MA98012, MA98013, MA98014, MA98015, MA98016, MA98017 and MA98018 fall within textile category designation 229. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa. There are presently no textile restraints for styles MA98019, MA98020 and MA98021.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 George Barth at 212-466-5884.

Sincerely,

Robert B. Swierupski
Director,

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