HQ H263901
CLA-2 OT:RR:CTF:TCM H263901 TSM
Ms. Jessica Ayling
Sr. Customs Compliance Analyst
Greenbrier International, Inc.
500 Volvo Parkway
Chesapeake, VA 23320
RE: Reconsideration of N260028; Classification of a decorative tubular braid from China.
Dear Ms. Ayling:
This is in response to your December 29, 2014, request for reconsideration of New York Ruling Letter (NY) N260028, dated December 22, 2014. In that ruling, the National Commodity Specialist Division found that a decorative tubular braid imported by your client, Greenbrier International, Inc., was classified under subheading 5808.10.70, Harmonized Tariff Schedule of the United States (“HTSUS”). We affirm N260028 because we agree that the subject merchandise meets the dimensional requirements of Note 1(g) to Section XI, HTSUS, which provides as follows:
This section does not cover:
Monofilament of which any cross-sectional dimension exceeds 1 mm or strip or the like (for example, artificial straw) of an apparent width exceeding 5 mm, of plastics (chapter 39), or plaits or fabrics or other basketware or wickerwork of such monofilament or strip (chapter 46).
In your request for reconsideration, you claim that because the subject decorative tubular braid exceeds 5 mm in diameter since it is approximately 7 mm in diameter, it does not meet the dimensional requirements of Note 1(g) to Section XI, HTSUS, and therefore is not classified in Section XI. However, we note that at issue are the dimensions of the yarns used to create the subject decorative braid, rather than the overall dimensions of the braid. Upon review of the sample, we conclude that the monofilament and strip used to create the subject braid are well under 1 mm in diameter and 5 mm in width. Therefore, they meet the dimensional requirements of Note 1(g) to Section XI and are classified in this Section as textiles. We note that since the subject braid is classified in Section XI, it is precluded from being classified in Chapter 39 consistent with Note 2(p) to Chapter 39, which states that goods of Section XI are not classified in this Chapter.
In accordance with the foregoing, we conclude that the subject decorative tubular braid is classified in Section XI, Chapter 58, HTSUS, as a textile article. Specifically, it is classified in subheading 5808.10.70, Harmonized Tariff Schedule of the United States (“HTSUS”), which provides for “Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: Braids in the piece: Other: Of cotton or man-made fibers.”
Based on the foregoing, we affirm NY N260028, dated December 22, 2014.
Sincerely,
Myles B. Harmon, Director
Commercial and Trade Facilitation Division