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NY H86141

December 27, 2001

CLA-2-58:RR:NC:TA:350 H86141


TARIFF NO.: 5808.90.0010

Ms. Julie Scoggan
Evans and Wood & Company, Inc.
612 E. Dallas Road, Suite 200
Grapevine, TX 76051

RE: The tariff classification of two ornamental textile trimmings, for use in apparel and home furnishings, from India.

Dear Ms Scoggan:

In your letter dated December 7, 2001, on behalf of Hobby Lobby, Oklahoma City, OK, you requested a tariff classification ruling. This is a follow up from a previously submitted request.

Two representative samples were submitted which were identified as styles: Trim 25, item 544338 and Trim 27, item 544361, respectively.

The first item, Trim 25, item 544338, consists of a narrow woven trimming, which you indicate will be imported in a 3" width measuring 12 yards in length. This trimming is composed of 25% cotton and 75% viscose man-made fibers, by weight. It is constructed from four preexisting woven materials (two embroidered and two unembroidered) that have been sewn together in four horizontal rows to form a continuous run. Specifically, this material contains an assemblage of pink stripe, pink check, white organza and blue denim fabrics. The white organza and denim pieces contain preexisting applique work in the form of small plastic flower petals, etc. The bottom long edge (denim) is fringed while the top edge is clean.

The second item, Trim 27, item 544361, consists of a narrow woven trimming, which you also indicate, will be imported in 6" widths 12 yards in length. This trimming is composed of four preexisting 100% woven cotton fabrics, one of which (the denim) contains embroidery in the form of lines of stitching (red, white and blue in color) and the attachment of three hanging metal pin-like objects each containing a red plastic shard at one end. These individual materials have been sewn together in four horizontal rows to form a continuous length of trimming. You indicate that the long side of this trimming will be clean finished (hem stitch). You indicate that in both styles, the short sides (ends) will be clean finished with sewing (to prevent raveling).

These two styles, being assembled in long (continuous) lengths from woven fabrics, are considered to be trimmings in nature. After importation, they will be cut and used for sewing patches onto jeans, bags or jackets and, additionally, can be used as trims for home furnishings.

The applicable subheading for the two materials will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for ornamental trimmings in the piece, other than knitted or crocheted, of cotton; of man-made fibers. The rate of duty will be 5.1 percent ad valorem. Effective January 1, 2002, the rate of duty will be 4.7 percent ad valorem.

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 646-733-3044.


Robert B. Swierupski

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