CLA-2-58:OT:RR:NC:TA:352

Ms. Jann Futrell
Dollar Tree Stores, Inc.
500 Volvo Pkwy.
Chesapeake, VA 23320

RE: The tariff classification of five polyester/nylon/metallic spools of trim from Thailand.

Dear Ms. Futrell:

In your letter dated June 8, 2009, you requested a tariff classification ruling.

The five submitted samples, identified as article numbers 3191, 20029, 3539, 3605 and 20013 are part of a 64-piece box of “Wedding Trim Assortment” ribbons and trims, each of which will be imported on spools in two-yard lengths.

Article number 3191 is a narrow woven ribbon measuring approximately ¼” in width. The ribbon contains a fast edge and is wound on a cardboard spool. Your correspondence indicates that the ribbon is composed of 77% polyester and 23% metallic fibers.

Article number 20029 is a narrow woven ribbon which measures approximately ½” in width. The ribbon contains a fast edge and is wound on a cardboard spool. Your correspondence indicates that the ribbon is composed of 77% polyester and 23% metallic fibers.

Articles number 3539 is a trim measuring approximately 1/2” in width, which you state was manufactured on a knitting machine. The item appears to have been made on a galloon crocheting machine, which belongs to the warp knitting family. The item is an open-work warp knit fabric, constructed of two rows of warp chain stitches which are separate from the weft inlay yarns. The weft yarns, two composed of filaments and the third a chain of metallized textile strip, join the chaining wales, forming elaborate patterns. Your correspondence indicates that the trim is composed of 88% polyester, 10% metallic thread and 2% nylon.

Article number 3605 is a trim measuring approximately 1/4" in width, which you state was manufactured on a knitting machine. The item appears to have been made on a galloon crocheting machine, which belongs to the warp knitting family. The item is an open-work warp knit fabric, constructed of one row of warp chain stitches which are separate from the weft inlay yarns. The weft is a gimped yarn looped to create small circles, with metallic strip woven through these circles. The whole is held together by the chain of warp knit stitches. Your correspondence indicates that the trim is composed of 95% polyester and 5% metallic yarn.

The applicable subheading for article numbers 3191 and 20029 will be 5806.32.1030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for narrow woven fabrics, other than goods of heading 5807, narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs), other woven fabrics, of man-made fibers, ribbons, other, of a width not exceeding 12 cm., of polyester, with woven selvedge, other. The rate of duty will be 6%.

The applicable subheading for article numbers 3539 and 3605 will be 6003.30.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knitted or crocheted fabrics of a width not exceeding 30 cm., other then those of heading 6001 or 6002, of synthetic fibers, open-work fabrics, warp knit. The rate of duty will be 14.1%.

Your inquiry does not provide enough information for us to give a classification ruling on Item 20013. Your request for a classification ruling should include the following information:

In your letter, you state that it is woven. Our examination leads us to conclude that it is either braided or knit. Please verify with the manufacturer what type of machine it is made on (braiding, knitting, other). If it is knit, what is the decitex? It appears to be a filament yarn rather than spun (staple fibers); please verify this, too.

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

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/.

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 Maribeth Dunajski at (646) 733-3045.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division