CLA-2-58:RR:NC:TA:350 C83218

Ms. Sheila Andrews
Dillard Department Stores
11701 Otter Creek Road South
Mabelvale, AR 72103

RE: The tariff classification of three ornamental trimmings and a warp knit open mesh fabric, from Taiwan.

Dear Ms. Andrews:

In your letter dated December 18, 1997, you requested a classification ruling.

While you state that all of these materials will be produced in Taiwan, they may be purchased from various vendors in either Hong Kong or Taiwan. Your samples are being returned as requested.

Four representative samples were submitted. The first two items, identified as styles 827TRB27TN, 827TRB32TN, consist of woven trimmings which are composed of varying amounts of metallic, polyester and/or nylon man-made fibers. The materials measure about 2 1/2 inches wide, 30 feet in length, and contain a wire running along the edges which forms the hems.

The third item, style 827TRB62TF, is basically similar in construction to the above two styles, except it is jacquard woven.

The fourth and final item, style 827TRB79TF, consists of a narrow warp knit fabric containing stable open meshes (about 1/4"). This material is stated to be composed of flax and nylon man-made fibers, however, we found copper wire also.

You provided the following technical specifications for the four materials:

STYLE COMPOSITION

827TRB27TN 70% Metallic 30% Nylon

827TRB32TN 55% Metallic 35% Nylon 10% Polyester

827TRB62TF 75% Polyester 25% Metallic

827TRB79TF 85% Flax 15% Nylon

All of these materials, after importation, will be cut to length to make such things as bows or decorate trees, etc.

The applicable subheading for styles 827TRB27TN and 827TRB32TN will be 5808.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for ... ornamental trimmings in the piece, ... of other than cotton or man-made fibers. The duty rate will be 6.2 percent ad valorem. The applicable subheading for style 827TRB62TF will be 5808.90.0010, HTS, which provides for ... ornamental trimmings in the piece, ..., of cotton or man-made fibers. The duty rate is 6.2 percent ad valorem. The applicable subheading for style 827TRB79TF will be 6002.20.1000, HTS, which provides for other knitted or crocheted fabrics, ..., of a width not exceeding 30 cm, open work fabrics. The duty rate is 15.2 percent ad valorem.

Styles 827TRB62TF and 827TRB79TF fall within textile category designation 229. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa. There are no textile restraints for the other two styles.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 212-466-5884.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division