CLA-2-58:OT:RR:NC:N3:350
Ms. Elizabeth Kessens
Dollar General Corp
100 Mission Ridge
Goodlettsville, TN 37072
RE: The tariff classification of decorative narrow woven mesh fabrics of polypropylene monofilament and metalized strip, from China
Dear Ms. Kessens:
In your letter dated June 9, 2016, you requested a tariff classification ruling. Samples were submitted previously and with the instant ruling request, and will be retained for file and training purposes.
Your letter, subsequent correspondence and the samples provided indicate that these products are woven decorative fabrics of monofilament polypropylene yarns and metalized strip in various holiday colors. However, the subject merchandise is not classified as a festive article. These products are woven of yarns of different colors, measure 27 cm (10.6”) in width and 20 to 25 feet in length, and weigh between 52 and 77 g/m2.
Style DG-PM1604C, DG-PM1604C-1 (red) and Style DG-PM1604C, DG-PM1604C-2 (gold) are said to be composed of 94% monofilament polypropylene and 6% metalized strip. Style DG-PM1604C, DG-PM1604C-3 (tan with multicolored stripes) is said to be composed of 61% monofilament polypropylene, 29% jute and 10% metalized strip.
Note 5(a) to Chapter 58, Harmonized Tariff Schedule of the United States (HTSUS), sets forth the meaning of "narrow woven fabrics" for the purposes of heading 5806. It states:
Woven fabrics of a width not exceeding 30 cm, whether woven as such or cut from wider pieces, provided with selvages (woven, gummed or otherwise made) on both edges;
The Explanatory Notes (EN), which are the official interpretation of the Harmonized Code at the international level, further describe narrow woven fabrics and the selvages required for classification under heading 5806. Part (A)(2) of the EN for heading 5806 states in part:
Strips of a width not exceeding 30 cm, cut (or slit) from wider pieces of warp and weft fabric (whether cut (or slit) longitudinally or on the cross) and provided with false selvedges on both edges, or a normal woven selvedge on one edge and a false selvedge on the other. False selvedges are designed to prevent unraveling of a piece of cut (or slit) fabric and may, for example, consist of a row of gauze stitches woven into the wider fabric before cutting (or slitting), of a simple hem, or they may be produced by gumming the edges of strips, or by fusing the edges in the case of certain ribbons of man-made fibres. They may also be created when a fabric is treated before it is cut into strips in a manner that prevents the edges of those strips from unraveling. No demarcation between the narrow fabric and its false selvedges need be evident in that case. Strips cut (or slit) from fabric but not provided with a selvedge, either real or false, on each edge, are excluded from this heading and classified with ordinary woven fabrics.
The samples provided contain false selvages on both edges, as described in the Explanatory Notes above.
The applicable subheading for the three fabric Styles DG-PM1604C, DG-PM1604C-1 (red) and DG-PM1604C, DG-PM1604C-2 (gold) and DG-PM1604C, DG-PM1604C-3 (tan with multicolored stripes) will be 5806.32.2000, 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: other. The rate of duty will be 6.2 % 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 https://hts.usitc.gov/current.
This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.
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 via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division