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NY J84272




May 7, 2003

CLA-2-58:RR:NC:N3:351 J84272

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.39.3020, 5808.10.7000, 6307.90.9889

Ms. Terri Ursey
Import Manager
Garden Ridge
19411 Atrium Place
Suite 170
Houston, TX 77084-6099

RE: The tariff classification of narrow fabric, braid in the piece, and an assembled ribbon from Taiwan.

Dear Ms. Ursey:

In your letter dated April 25, 2003, you requested a ruling on tariff classification.

Style RR778-01 is a narrow woven fabric. The edges have been curled inward so that the fabric appears to be tubular in construction; when flattened, the fabric is approximately 5/16” in width.

The Ribbon Detail Sheet you have supplied lists the fiber content as 90% nylon, 10% polyester. Our examination leads us to conclude that nylon filaments have been gimped, or wrapped, in metalized polyester strips; the strips meet the tariff definition of textile. Please note that a yarn that contains any amount of metal is regarded in its entirety as “metalized yarn” for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal. This fabric is composed of metalized yarn.

The applicable subheading for style RR778-01 will be 5806.39.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics, other than goods of heading 5807; other woven fabrics; of other textile materials; other; of metalized yarn. The general rate of duty will be 0.3 percent ad valorem.

Style RW654-08 is a ribbon-like assemblage of different yarns, approximately 3/8” wide. The fiber content is listed as 85% metallic and 15% nylon. Two gimped yarns curve up and back, wave-like; another yarn is stitched along each edge, holding the curve’s shape. A gimped metallic yarn is stitched decoratively from side to side. This assembly by stitching meets one of the definitions of “made up” found in Note 7 to Section XI.

The applicable subheading for style RW654-08 will be 6307.90.9889, HTS, which provides for other made-up textile articles, other. The general rate of duty will be seven percent ad valorem.

Style RR784-48 is a tubular braid, approximately 3/8” in diameter, said to be 100% nylon. It has a thin wire running down the center to allow for shaping the braid.

The applicable subheading for style RR784-48 will be 5808.10.7000, HTS, which provides for braids in the piece; other; of cotton or man-made fibers. The duty rate will be 7.5 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on style RR732-01. Your request for a classification ruling should include the following information:

1. On what kind of machine was the item made?

2. Are the loop stitches on the edge made on a sewing machine?

3. How was the ribbon inserted down the center, and at what stage of production is it inserted into the main piece?

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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