CLA-2-60:OT:RR:NC:N3:352
Ms. Teresa Petz
Hobby Lobby International
7707 SW 44th Street
Oklahoma City, OK 73179
RE: The tariff classification of five decorative trims from China and India
Dear Ms. Petz:
In your letter dated January 13, 2016, you requested a tariff classification ruling. Five samples accompanied your request. These items were sent to the Customs and Border Protection (CBP) laboratory for analysis. Those portions of the samples not destroyed in testing have been retained for file purposes. You state that these trims will be sold at retail for use in needle arts, crafts and sewing projects.
Item 1164094 (sample is predominantly blue and gold in color) and Item 1164086 (sample is predominantly silver and gold in color) are both called “Ribbon Loop Fringe.” These decorative trims measure approximately two inches in width, and are formed from multi-colored decorative yarns and narrow fabrics. U.S. Customs & Border Protection (CBP) laboratory analysis indicates that the samples are constructed of fringe components and chain stitch yarns. The fringe components consist of a variety of yarns, including two-ply synthetic yarns, two-ply metallized yarns (for Item 1164094 only), a synthetic fancy yarn, a synthetic narrow woven fabric, and a synthetic and metallized narrow woven fabric. These fringe components wind back and forth in a serpentine pattern, forming large loops along one edge of the fabric, and are held in place by four parallel columns of warp knit chain stitches along the other edge. The overall composition by weight is predominantly synthetic yarns, with a small percentage of metalized yarns for Item 1164094.
The applicable subheading for Items 1164094 and 1164086 “Ribbon Loop Fringe” will be 6003.30.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Knitted or crocheted fabrics of a width not exceeding 30 cm, other than those of heading 6001 or 6002: of synthetic fibers: other. The rate of duty will be 7.6% ad valorem.
Item 868604 “Metallic Fringe” (sample is pink in color) is a decorative trim measuring approximately four inches in width. U.S. Customs & Border Protection (CBP) laboratory analysis indicates that the sample is constructed using weft knit metallized fringe yarns winding back and forth in a serpentine fashion, creating large loops along one edge of the fabric, held in place with four rows of chain stitch gimped yarns along the other edge. Although the information provided stated that the trim is composed of 95% polyester and 5% latex, CBP laboratory analysis found the overall composition by weight to be 72.4 percent polyester, 25.3 percent metalized and 2.3% rubber.
In your submission you suggest classification of Item 868604 “Metallic Fringe” as an article of yarn, strip or the like under subheading 5609.00.3000, HTSUS. However, classification under that subheading is precluded, as the HTS Explanatory Notes for heading 5609 exclude textile fabrics and articles made from such fabrics, and the instant product is a fabric.
The applicable subheading for Item 868604 “Metallic Fringe” will be 6003.30.6000, HTSUS, which provides for Knitted or crocheted fabrics of a width not exceeding 30 cm, other than those of heading 6001 or 6002: of synthetic fibers: other. The rate of duty will be 7.6% ad valorem.
Item 98103 “Poly Chain Fringe” (sample is gold in color) is a decorative trim measuring approximately four inches in width. U.S. Customs & Border Protection (CBP) laboratory analysis indicates that the sample is constructed of fringe yarns and chain stitch yarns. The loop wale fringe yarns are held in place by four single-ply chain stitch yarns along one edge of the fabric. Your letter states that the products are produced on a tricot knitting machine: the knitted yarns are looped and held in place by knit stitches. The loops are then cut to form a fringe.
Item 539056 “Hologram Sequin Chainette” (sample is white in color, with holographic sequins knitted into the yarn) is a decorative trim measuring approximately four inches in width. U.S. Customs & Border Protection (CBP) laboratory analysis indicates that the sample consists of chain stitch yarns, loop wale fringe yarns, and warp knit fringe yarns with sequins. The loop wale fringe yarns and the warp knit fringe yarns with sequins are held in place by four parallel single ply chain stitch yarns along one edge of the fabric. Your letter states that the products are produced on a tricot knitting machine: the knitted yarns are looped and held in place by knit stitches. The loops are then cut to form a fringe.
In your submission you suggest classification of Item 98103 “Poly Chain Fringe” and Item 539056 “Hologram Sequin Chainette” as a narrow knit fabric under subheading 6003.30.6000, HTSUS. However, classification under that subheading is precluded, as the fringe has been cut.
The applicable subheading for Item 98103 “Poly Chain Fringe” and Item 539056 “Hologram Sequin Chainette” will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7 percent 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 http://www.usitc.gov/tata/hts/.
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 at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division