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NY L85753

July 13, 2005

CLA-2-58:RR:NC:TA:350 L85753


TARIFF NO.: 5806.39.3020

Ms. Shirley C. Schmidt
Pier 1 Imports
100 Pier 1 Place, Level 16
Fort Worth, TX 76102

RE: The tariff classification of a narrow width textile material, from China.

Dear Ms. Schmidt:

In your letter dated June 14, 2005, which was a follow-up to an earlier inquiry where we requested additional information, you requested a tariff classification ruling. The manufacturer is Century Star International Limited, China.

The instant sample, identified in your letter as style Sku 2080221, consists of a narrow woven fabric, composed of what you indicate, is a 43% “plastic-metallic”/23% polyester/34% nylon man-made fiber blend. This material measures 3/4" wide and will be imported in 3-yard lengths. It is hemmed along the edges and contains wires inserted into the hems to impart a degree of stiffness. The yarns from which this material is made are gimped with metalized strips, which for tariff purposes makes the entire yarn a metalized yarn.

In your original letter, which contained two ribbons, you asked whether or not they are considered to be a “set” for tariff purposes.

In that regard, the Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least 2 different articles which are, prima facie, classifiable in different headings; (b) consists of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking.

Your fabric is not considered to be a set for tariff classification purposes since the components are not put up together to meet a particular need or carry out a specific activity. Therefore the contents must be classified separately.

The applicable subheading for the material will be 5806.39.3020 Harmonized Tariff Schedule of the United States (HTS), which provides for other narrow woven fabrics, of other textile materials, of metalized yarn. The duty rate is Free.

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 Deborah Walsh at 646-733-3044.


Robert B. Swierupski

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