CLA-2-58:OT:RR:NC:N3:352
Ms. Colleen O’Shea-Moran
Darice, Inc.
13000 Darice Parkway, Park 82
Strongsville, Ohio 44149
RE: The tariff classification of two narrow woven fabrics of polypropylene and polyethylene terephthalate (PET) strip, from Korea
Dear Ms. O’Shea-Moran:
In your letter dated April 7, 2014, on behalf of Lamrite West Inc., you requested a tariff classification ruling. You state that these fabrics will be used for floral decorations in the craft industry. Your samples are being returned at your request, less those portions destroyed in testing or retained for file purposes.
Item 2953-409 is described on the roll label as Darice Expressions Mesh Ribbon, MET MESH RIBBON APPLE GREEN/LIME. The dimensions printed on the roll are 2.5 inches x 25 yards (6.35 cm x 22.86 m). According to your letter, subsequent correspondence and visual examination of the sample and label, it is composed of 88% polypropylene monofilament running in the weft and warp direction, and 12% metallized polyethylene terephthalate (PET) strip running in the warp direction.
Item 2953-430 is described on the roll label as Darice Expressions Mesh Ribbon TIE DYE MESH MULTI, and is characterized by multi-colored stripes running in the warp direction. The dimensions printed on the roll are 6.5 inches x 10 yards (16.51 cm x 9.14 m). According to your letter, subsequent correspondence and visual examination of the sample and label, it is composed of 98.5% polypropylene monofilament running in the weft and warp direction, and 1.5% polyethylene terephthalate (PET) strip running in the warp direction.
The strips meet the dimensional requirements of textile strips contained in Section XI, Legal Note 1(g), Harmonized Tariff Schedule of the United States (HTSUS). Also, according to the terms of Legal Note 1 to Chapter 54, HTSUS, such strips are not to be considered a man-made fiber.
Note 5(a) to Chapter 58, 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 unravelling 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 unravelling. 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.
All of the fabrics listed in this ruling have selvages on both edges as described in the Explanatory Notes above.
The applicable subheading for Items 2953-409 and 2953-430, will be 5806.32.2000, HTSUS, which provides for narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of adhesive: other woven fabrics; of man-made fibers: other. The duty rate 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 http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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.
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,
Gwenn K. Kirschner
Acting Director
National Commodity Specialist Division