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NY N010573

May 31, 2007



TARIFF NO.: 5806.32.2000; 5808.10.9000

Ms. Lucy Norlie
Creative Design Ltd.
212 Old Grande Blvd., Suite C-124
Tyler, TX 75703

RE: The tariff classification of a decorative ribbon and braid, from Taiwan.

Dear Ms. Norlie:

In your letter dated April 23, 2007, you requested a tariff classification and marking ruling. You submitted a sample of a decorative ribbon and braid packaged together with an instruction sheet.

The first item was identified as SAMS-WAVE 1-30. It consists of a woven ribbon measuring about 2½ inches wide and 50 yards in length. You indicate it is composed of a 55% polyester/45% nylon man-made fiber blend. This material contains wires running along the edges with gold metallic overlock stitching to form a hem. The wires allow the fabric to be bent and shaped.

The second item was not identified with a style name or number. It consists of a tubular braid measuring approximately 1/16 of an inch in diameter. It contains an unspecified man-made fiber yarn wrapped around a wire core which allows for the shaping of the braid. Finally, the core has been wrapped or gimped with what appears to be metalized yarns in a plaited or braided configuration. Please note that a yarn that contains any amount of metal is regarded in its entirety to be a "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.

It is the opinion of this office that this is not a set for tariff purposes. The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States Annotated (HTSUS) at the international level, state in Note X to Rule 3(b) that the term "goods put up in sets for retail sale" means goods which:
consist of at least two different articles which are, prima facie, classifiable in different headings;

(b) consist of products or 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.

The set fulfills the requirements of (a) and (c) above, but we believe that it fails (b). This is a collection of related items, but is not a set for tariff purposes; therefore, each item will be separately classified.

The applicable subheading for the woven ribbon will be 5806.32.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for narrow woven fabrics, of man-made fibers, other than ribbons. The rate of duty will be 6.2 percent ad valorem.

The applicable subheading for the metallic braid will be 5808.10.9000, HTSUS, which provides for braids in the piece, of other than cotton or man-made fibers. The duty rate will be 4.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. The “ultimate purchaser” is generally the last person in the United States who will receive the article in the form it is imported.

Accordingly, since the sample you submitted with the ribbon and braid packaged together, the marking on the spool of ribbon “Made in Taiwan” is acceptable. In your request letter you have asked if you need additional wording regarding the braid. There is no requirement that the braid be separately marked with the country of origin, unless the country of origin is different from the one listed on the spool of ribbon. Also, there is no requirement that the braid be marked as being free of charge.

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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