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NY G81893




October 12, 2000

CLA-2-58:RR:NC:TA:350 G81893

CATEGORY: CLASSIFICATION

TARIFF NO.: 5808.90.0010; 5907.00.6000; 6307.90.9989

Mr. R. Kevin Williams
Rodriguez, O’Donnell, Fuerst Gonzalez & Williams 20 North Wacker Drive, Suite 1416
Chicago, IL 60606

RE: The tariff classification of three narrow decorative textile materials, from Taiwan.

Dear Mr. Williams:

In your letter dated September 8, 2000, on behalf of Santa’s Best, Northfield, IL, you requested a classification ruling.

Three representative samples were submitted which were identified as styles 5233, 5260 and 5281, respectively. We presume that these three materials will be imported as piece goods.

The first item, style 5233, consists of a narrow woven material measuring about 2.5" wide which is stated to be nylon. This fabric is entirely covered with textile flock on one surface and, in addition, has a metallic glitter flock over that forming a diamond like pattern. You state that this material is 75% nylon/25% metallic, by weight, respectively. There are wires running inside the edge seams to give the material stiffness.

The second item, style 5260, is a narrow width material measuring about 2.5" wide, composed of three main components. There are two parallel strips of fine mesh woven fabrics, each approximately 3/4" wide running down both sides of the material. The middle portion, measuring about 1.25" wide, consists of plastic film that has the appearance of a hologram created by small, overlapping, reflective dots. This middle portion has been attached to the side portions by two strips of some type of thermoset plastic foil. The material is stated to be 55% nylon and 45% metallic, by weight respectively, not including the center plastic film.

The third and final item, style 5281, consists of a narrow woven material measuring about 2.5" wide, also composed of three main components. There are two parallel strips of flocked woven fabric approximately 3/4" wide running down each side of the material. The middle portion of the material is an approximately 1.25" wide fabric of warp knit lace. The three components have been joined in a similar manner as in the above style 5260. A “chain” of small spherical plastic beads has been hemstitched along both selvages in conjunction with the stiffening wires.

The applicable subheading for style 5233 will be 5907.00.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics otherwise impregnated, coated or covered, of man-made fibers. The duty rate will be 2.3 percent ad valorem.

The applicable subheading for style 5260, because of the assembled components, 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 is 5.5 percent ad valorem.

The applicable subheading for style 5281, because of its composition of flocked and knit fabrics, will be 6307.90.9989, HTS, which provides for other made-up articles. The duty rate is 7 percent ad valorem.

Styles 5233 and 5260 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 no textile restraints for style 5281.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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,
National Commodity
Specialist Division

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