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September 9, 1999

CLA-2-58:RR:NC:TA:350 E86300

CATEGORY: CLASSIFICATION

TARIFF NO.: 5808.90.0010; 5808.90.0090

Mr. J.M. Abrahams
Phil Patterson, Inc.
1209 Harney Street, Suite 250
Omaha, Nebraska 68102

RE: The tariff classification of a narrow fabric/trimming, from Taiwan.

Dear Mr. Abrahams:

In your letter dated August 12, 1999, on behalf of Wildwood International, Inc., Omaha, Nebraska, you requested a classification ruling. The supplier is S.C.D. Corporation, Taipei, Taiwan.

You submitted a length of sample and only referred to it as a nylon and metalized film decorative ribbon to be imported and sold in 10 linear yard rolls. No style name or number was given nor were any respective weight percentages furnished for the metallic and nylon components.

The “ribbon”, 2½ inches wide, is made up of several components. There are two parallel, approximately ¾ inch wide, fine gauze-like woven widths of material at each side of the “ribbon”, separated by a 1¼ inch middle portion. The middle portion is a laminate of a plain woven fabric, composed of fine nylon yarns in the warp direction with metalized textile strips in the weft direction, and a warp knit pile of nylon yarns with metallic textile strip yarns forming the sparse pile surface. The surface of the pile fabric is covered with 5/16 long diamond shapes of what appears to be metalized film. They are offset and spaced ? inch apart. There is a thin wire at both selvages affixed to the woven fabric by an embossed or crimped ? inch wide “metallic foil”. The center fabric portion is affixed to the two woven strips by similar embossing/crimping using a ¼ inch overlay of a “metal foil on the top surface and a like size plastic film on the under surface.

Because of the complex make up of the product it goes beyond the mere classification of a narrow woven fabric (ribbon) in heading 5806. Likewise, because of its construction, it cannot be classified a pile fabric of heading 6001. The good is a made up item. Made up textile items that are not enumerated by name or otherwise provided for are generally classified under heading 6307. However, the item is similar in use and appearance to that of a trimming. Trimmings are provided for in heading 5808. Although the Explanatory Notes to “trimmings” generally allude to combinations of woven fabrics and braids, tassels and similar items, the subject product is most akin to a trimming, therefore, based on General Rules of Interpretation, number 4, the product will be considered as such.

Since no specific weights were given for the nylon man-made fiber and the metallic (other) we can only offer an “if” answer.

The applicable subheading for the material, if of man-made fibers, will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for ornamental trimmings in the piece, without embroidery, other than knitted or crocheted, of man-made fibers. The duty rate will be 5.8 percent ad valorem.

The applicable subheading for the material, if of metallic, will be 5808.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for ornamental trimmings in the piece, without embroidery, other than knitted or crocheted, of other than cotton or man-made fibers. The duty rate will be 5.8 percent ad valorem.

If this item is classifiable in subheading 5808.90.0010, it falls within textile category designation 229. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

If classifiable in subheading 5808.90.0090, there are no textile restraints for this merchandise.

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 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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