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

Margaret Polito
222 Riverside Drive, Suite 14E
New York, New York 10025

RE: The tariff classification of one textile braid and one textile trimming from China

Dear Ms. Polito:

In your letter dated August 13, 2012, on behalf of WestPoint Home LLC, you requested a tariff classification ruling.

You have requested a ruling on two samples from China, described as jute trim style number 47359 and jute braid style number 47360. The first sample, designated as jute trim style number 47359, is stated to be a tubular braid composed solely of jute which has been sewn to a textile tape. The tape is stated to be a woven fabric composed of a 50% cotton/50% polyester fiber blend. Your correspondence indicates that this item will be imported on spools in an unspecified continuous length and will be inserted in the seam of a home furnishing so that the jute braid appears at the edge.

The second sample, designated as jute braid style number 47360, is stated to be composed solely of jute with the strands being loosely plaited into a flat braid on a ligne flat braiding machine. Your correspondence indicates that this item will also be imported on spools in an unspecified continuous length for use as home furnishing trimmings.

The applicable subheading for the ornamental trim, style number 47359, will be 5808.90.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: Other Other. The duty rate will be 3.9 percent ad valorem.

The applicable subheading for the braid, style number 47360, will be 5808.10.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: Braids in the piece: Other Other. The rate of duty will be 4.2 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/.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

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 Deborah Walsh at (646) 733-3044.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division