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

Mr. Aaron Cullen
Barthco International, division of OHL
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of nine decorative ribbons from Taiwan

Dear Mr. Cullen:

In your letter dated May 10, 2011, on behalf of your client CVS/Pharmacy, you requested a tariff classification ruling.

With your request letter you submitted nine samples which were identified as styles 1 though 9. These samples are stated to comprise your item number 702230, an assortment of Christmas ribbons.

Your letter states that Style 1 consists of a narrow ribbon composed of 100% nylon man-made fiber, which has been made on a ribbon making machine with a woven selvedge and is not coated with a plastic or rubber material. The ribbon has no inserted wires or metalized yarns. It measures 7/8 inch in width and 3 yards in length and has gold dots printed along its length. Although your letter does not specify the construction of the ribbon, the sample submitted is woven.

Your letter states that Style 2 consists of a narrow ribbon composed of 100% polyester man-made fiber, which has been cut from a wider piece of fabric. Although your letter states no false selvedge was created, the statement that the ribbon is finished with a heat cut edge implies the creation of false selvedges. Also, the letter indicates the ribbon is not coated with a plastic or rubber material and has no inserted wires or metalized yarns. It measures 7/8 inch in width and 3 yards in length and has a scrolling leaf motif printed along its length. Although your letter does not specify the construction of the ribbon, the sample submitted is woven.

Your letter states that Style 3 consists of a narrow ribbon composed of 100% nylon man-made fiber, which has been made on a ribbon making machine with a woven selvedge and inserted wires. An examination of the submitted samples reveals that the sample DOES NOT contain an inserted wire. Also, the letter indicates the ribbon is not coated with a plastic or rubber material and has no metalized yarns. It measure 7/8 inch in width and 3 yards in length. Although your letter does not specify the construction of the ribbon, the sample submitted is woven.

Your letter states that Style 4 consists of a narrow ribbon composed of 100% nylon man-made fiber, which has been cut from a wider piece of fabric and contains inserted wires and false selvedges. Also, the letter indicates the ribbon is not coated with a plastic or rubber material and has no metalized yarns. It measures 7/8 inch in width and 3 yards in length and has a shiny effect produced by the addition of glitter. Although your letter does not specify the construction of the ribbon, the sample submitted is woven.

Your letter states that Style 5 consists of a narrow ribbon composed of 100% polyester man-made fiber, which has been cut from a wider piece of fabric and contains inserted wires and false selvedges. Also, the letter indicates the ribbon is not coated with a plastic or rubber material and has no metalized yarns. It measures 7/8 inch in width and 3 yards in length and has gold holly leaves printed along its length. Although your letter does not specify the construction of the ribbon, the sample submitted is woven.

Your letter states that Style 6 consists of a narrow ribbon composed of a 55% metallic/45% nylon man-made fiber blend, which has been cut from a wider piece of fabric and contains inserted wires and false selvedges. Also, the letter indicates the ribbon is not coated with a plastic or rubber material. It measures 7/8 inch in width and 3 yards in length and has a shiny effect produced by the metalized yarns. Although your letter does not specify the construction of the ribbon, the sample submitted is woven.

Your letter states that Style 7 consists of a narrow ribbon composed of 100% polyester man-made fiber, which has been cut from a wider piece of fabric and contains inserted wires and false selvedges. Also, the letter indicates the ribbon is not coated with a plastic or rubber material and has no metalized yarns. It measures 7/8 inch in width and 3 yards in length and has a shiny effect produced by the addition of glitter. Although your letter does not specify the construction of the ribbon, the sample submitted is woven.

Your letter states that Style 8 consists of a narrow ribbon composed of 100% nylon man-made fiber, which has been cut from a wider piece of fabric and contains inserted wires and false selvedges. Also, the letter indicates the ribbon is not coated with a plastic or rubber material and has no metalized yarns. It measures 7/8 inch in width and 3 yards in length and has a shiny effect produced by the addition of glitter. Although your letter does not specify the construction of the ribbon, the sample submitted is woven.

Your letter states that Style 9 consists of a narrow ribbon composed of a 55% metallic/45% nylon man-made fiber blend, which has been cut from a wider piece of fabric and contains inserted wires and false selvedges. Also, the letter indicates the ribbon is not coated with a plastic or rubber material. It measures 7/8 inch in width and 3 yards in length and has a shiny effect produced by the metalized yarns. Although your letter does not specify the construction of the ribbon, the sample submitted is woven.

The applicable subheading for Styles 2, 5 and 7 will be 5806.32.1040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for … other narrow woven fabrics, of man-made fibers, ribbons, of a width not exceeding 12 cm, of polyester, other. The duty rate is 6 percent ad valorem.

The applicable subheading for Style 1and 3 will be 5806.32.1060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for … other narrow woven fabrics, of man-made fibers, ribbons, of a width not exceeding 12 cm, of nylon, with woven selvedge. The duty rate is 6 percent ad valorem.

The applicable subheading for Styles 4 and 8 will be 5806.32.1070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for … other narrow woven fabrics, of man-made fibers, ribbons, of a width not exceeding 12 cm, of nylon, other. The duty rate is 6 percent ad valorem.

The applicable subheading for Styles 6 and 9 will be 5806.39.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for … other narrow woven fabrics, of other textile materials…of metalized yarn. The duty rate is Free.

This merchandise may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on "Contact Us"). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on "Antidumping and countervailing duty investigations"), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on "Import" and "AD/CVD").

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 Deborah Walsh at (646) 733-3044.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division