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NY G82122

October 17, 2000

CLA-2-58:RR:NC:TA:351 G82122


TARIFF NO.: 5806.32.1090

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 5, 2000, you requested a classification ruling.

You have submitted five samples which you call “Christmas wired ribbon garland.” 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 these are the retail packaging as giftwrapping accessories.

Style T01271 is described as “purple and blue ombre,” 1.5” x 12’, 60% polyester, 40% nylon. Style T03757 is described as “loose weave silver screen,” 6” x 9’, 46% Lurex®, 24.75% polyester, 29.25% nylon.

Style T02864 is described as “white sheer with gold wording, e.g., Merry Christmas.” The fiber content is listed as 100% polyester. It is 2” x 12’.

Style T03761 is described as “a silver plaid background with silver embroidery,” 41.62% nylon, 18.96% polyester, 39.42% Lurex®, 4” x 9’.

You suggest that styles T02864 and T01271 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. As the overlock stitching is 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.

You also suggest that style T03757 is properly classifiable under 5806.10.1090, HTS. There is no such provision.

The applicable subheading for styles T01271, T02864, and T03757 will be 5806.32.1090, HTS, 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.

You suggest that styles T03753 and T03761 are properly classifiable under 5810.99.9000, HTS, which provides for “embroidery in the piece, in strips or in motifs: Of other textile materials: Other.” Styles T03753 and T03761 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. 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.


Robert B. Swierupski

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