CLA-2-58:RR:NC:TA:351 F83747

Ms. Rita Pitts
Dillard’s
1600 Cantrell Road
Little Rock, AR 72201

RE: The tariff classification of ribbons and trim from Taiwan

Dear Ms. Pitts:

In your letter dated March 1, 2000, you requested a classification ruling.

You submitted samples of four items. M27TG442TN is described as a ribbon measuring 2.5 inches in width and 30 feet in length. It has enclosed wire edges and is claimed to be made of 70 percent nylon and 30 percent metallic fiber. M27TG483TN is described as a ribbon measuring 2.5 inches in width, 30 feet in length, with enclosed wire edges and is claimed to be made of 100 percent nylon fiber. M27TG492TN is described as ribbon measuring 2.5 inches in width, 30 feet in length, with enclosed wire edges and is claimed to be made of 100 percent polyester fiber. M27TG459TN is stated to be a ribbon measuring 2.5 inches in width and 30 feet in length. It features sewn on wired metallic braid. This particular style has a center of woven fabric, one inch in width and is bordered on each side with an open braid made of a combination of polyester and metallic yarn. The polyester is covered in part by the metallic yarn. In your ruling request you stated that the fiber content for M27TG459TN is 80 percent polyester and 20 percent metallic.

Please note that a yarn that contains any amount of metal is regarded in its entirety as “metalized yarn” for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal. In this case, the polyester, which is covered in part by the metal, is considered to be metallic. For purposes of this ruling, we will assume that style M27TG459TN is in chief weight of metalized yarn. Styles M27TG483TN and M27TG492TN are claimed to contain no metallic fiber. Both of these styles have metalized yarn, which affixes the wire to the man-made fiber ribbon. You have not taken this metallic yarn into consideration in stating the fiber content. However, for purposes of this ruling, we will assume that these ribbons, while not made of 100 percent of man-made fiber, are in chief weight of man-made fiber.

The applicable subheading for M27TG442TN, M27TG483TN and M27TG492TN will be 5806.32.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics, of man-made fibers, ribbons, other. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for M27TG459TN will be 5808.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for braids in the piece, ornamental trimmings in the piece, other, other. The duty rate will be 5.5 percent ad valorem.

M27TG442TN, M27TG483TN and M27TG492TN 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.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division