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NY G82118




October 13, 2000

CLA-2-58:RR:NC:TA:351 G82118

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.32.1090, 6002.20.6000

Kris Spurbeck
Import Commodity Head
Target Stores
1000 Nicollet Mall
Minneapolis, MN 55440-9411

RE: The tariff classification of narrow fabrics from China.

Dear Ms. Spurbeck:

In your letter dated September 15, 2000, you requested a classification ruling.

You have submitted five samples which you call “Christmas wired ribbon garland.” Except for style T03763, all have a thin metallic wire inserted along each lengthwise edge held in place with an overlock stitch; the wire allows the fabric to be bent and shaped. The ends of each length of fabric are similarly closed with an overlock stitch. Each is wrapped in cellophane on a cardboard spool; enclosed literature indicates that this is the retail packaging as giftwrapping accessories.

Style T00379 is described as “sheer gold with a diamond design,” 2.5” x 9’, 55% polyester and 45% metallic.

Style T03751 is described as “Ivory sheer with applied gold squares,” 2” x 9’, 100% polyester. Style T00001 is described as “sheer with gold stripes,” 3” x 12’, 55% nylon, 45% metallic. Style T03828 is described as “sheer green,” 4” x 12’, 100% polyester.

Style T03763 is described as “sheer silver with chain stitch tattersol design,” 2” x 12’, 60% nylon, 40% metallic. It has a thin metallic wire inserted along each lengthwise edge held in place by fused edges and the ends are similarly fused.

You suggest that the sample fabrics are properly classifiable under 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up articles . . . other . . . other . . . other . . . other . . . other.” The wording of the heading requires that merchandise, to be classifiable thereunder, (1) not be classifiable elsewhere; (2) be “made up” within the terms of Section XI, Note 7, HTS; and (3) be an article (as opposed to being piece goods).

The second criterion for classification is governed by Note 7 to Section XI, HTS, which states, in pertinent part:

For the purposes of this Section, the expression “made up” means: . . . (c) Hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics, the cut edges of which have been prevented from unraveling by whipping or by other simple means.

Each fabric features overlock stitching which forms a hem on each end to prevent the ribbon from unraveling until cut to use, except for style T03763, where the fusing serves the same purpose. As the overlock stitching and fusing are present for the purpose of preventing the fabric from unraveling, the fabrics, as represented by the samples, do not qualify as “made up” within the terms of Note 7, Section XI. Therefore, they are not classifiable under 6307.90.9989, HTS.

The applicable subheading for styles T03751, T00001, and T03828 will be 5806.32.1090, which provides for “Narrow woven fabrics, other than goods of heading 5807; . . .: Other woven fabrics: Of man-made fibers: Ribbons: Other.” The duty rate will be 7.2 percent ad valorem.

The applicable subheading for style T03763 will be 6002.20.6000, HTS, which provides for “Other knitted or crocheted fabrics: . . . Other, of a width not exceeding 30 cm: Other: Of man-made fibers.” The duty rate will be eight percent ad valorem.

Style T00379 cannot be classified without knowing the fiber content of the ground fabric. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding Rulings Section.

Subheading 5806.32.1090 falls within textile category designation 229 and subheading 6002.20.6000 falls within textile category designation 222. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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