CLA-2-58:OT:RR:NC:N3:350
Ian Whiton
Positive Promotions
15 Gilpin Avenue
Hauppauge, NY 11788
RE: The tariff classification of woven ribbons with false selveges from China
Dear Mr. Whiton:
In your letter dated June 23, 2021 you requested a tariff classification ruling. A sample was received with your request. Additional information was submitted after your initial request.
According to your submission items “ZRB-19 acetate” and “ZRB-20 polyester” are ribbons which will be imported from China. You indicate that one ribbon is composed wholly of polyester and the other is wholly of acetate, that they are approximately five centimeters in width, and will be imported on rolls. In subsequent correspondence you maintain that the ribbons are cut with a hot knife on their edges and embossed. Our observations confirm that this process has created false selveges and that the construction of the ribbons is woven.
The applicable subheading for the “ZRB-19 acetate” will be 5806.32.1080, Harmonized Tariff Schedule of the United States (“HTSUS”), which provides for “Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Of man-made fibers: Ribbons… Other: Of a width not exceeding 12 cm: Other.” The rate of duty will be 6 percent ad valorem.
The applicable subheading for the “ZRB-20 polyester” will be 5806.32.1040, HTSUS, which provides for “Narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Of man-made fibers: Ribbons… Other: Of a width not exceeding 12 cm: Of polyester: Other.” The rate of duty will be 6 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 5806.32.1040 and 5806.32.1080, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheadings 5806.32.1040 and 5806.32.1080, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 the World Wide Web at https://hts.usitc.gov/current.
The marking statute, Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
To ensure compliance with the Textile Fiber Products Identification Act (15 U.S.C. 70), which is applicable to textile products, we suggest that you contact the Federal Trade Commission (FTC) for information regarding guidelines for the proper marking of your merchandise. Customs does not issue rulings or decisions interpreting FTC guidelines. The address and website of the FTC follow: Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580 and www.ftc.gov
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 Michael Capanna via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division