CLA-2-56:RR:NC:TA:351 H81198
Ms. Betty L. Toromino
Novtex
43 Print Works Drive
Adams, MA 01220
RE: The tariff classification of a cord and a ribbon.
Dear Ms. Toromino:
In your letter dated May 9, 2001, you requested a tariff classification ruling.
The samples submitted is a cord, style number 10036 and a ribbon, style number 7911. Style number 10036 is a textile cord with a center core of metal wire. It is stated that the article will be used in securing a bow and to attach it to a gift package.
The applicable subheading for the cord, style number 10036 will be 5607.50.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics: Of other synthetic fibers: Other.
At this time we are unable to acknowledge your request for a classification ruling on style number 7911, because we are precluded from issuing a ruling letter by the provisions of part 177 of the Customs Regulations (19 C.F.R. 177).
Section 177.7 (b) of the Customs Regulations provides that a ruling will not be issued in cases where pending litigation exists before The United States Court of International Trade. In Berwick Industries, Inc. v. United States, Civil Action 98-12-03207, the issue of classification of ribbons containing wires sewn into the edges is before the Court. The issue being litigated involves whether the insertion of wires at the edges results in a “made up” article and whether such goods are classifiable as ribbon in heading 5806 or as other made up articles in heading 6307, HTS. Since the classification of the ribbons which are the subject of this request for a ruling are similar to the goods before the Court in Berwick Industries, Supra, we are precluded from issuing a ruling in this case.
When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request, please include all materials that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, Room 437, 6 World Trade Center, New York, NY 10048, attn: Binding rulings Section.
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 Mitchel Bayer at 212-637-7086.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division