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NY H82452

July 13, 2001

CLA-2-58:RR:NC:TA:350 H82452


TARIFF NO.: 5808.90.0010

Mr. Lance Sloves
JC Penny Purchasing Corporation, Inc.
6501 Legacy Drive
Plano, TX 75024-2322

RE: The tariff classification of a decorative trimming, from Taiwan.

Dear Mr. Sloves:

In your letter dated May 29, 2001, you requested a classification ruling. The supplier is Novelty Trading Company, Taiwan.

The instant sample, referred to in your correspondence as “Red and Gold Ribbon,” consists of three narrow width materials which have been sewn together lengthwise. There is a middle layer of what appears to be a flocked woven fabric. This flocked material, which measures about 1 3/4" in width has been sewn lengthwise to two woven fabrics which appear to contain a metallic glitter flock. These outer two fabrics measure about 1 1/4" in width and the overall material measures about 3 1/8". You indicate that this material is composed of 70% polyester, 20% acrylic and 10% nylon, by weight, respectively.

You suggest classification in tariff subheading 5806.32.1090 which provides for narrow woven fabrics, however, this material does not meet the criteria outlined in the applicable Explanatory Notes to that heading, noting particularly, that the material is an assemblage of components.

The applicable subheading for the material 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 5.1 percent ad valorem.

This merchandise 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.

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.


Robert B. Swierupski

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