The tariff classification of a narrow woven fabric of synthetic monofilament yarns and metalized strip, from China

N294125 July 18, 2018 CLA-2-58:OT:RR:NC:N3:350 CATEGORY: Classification TARIFF NO.: 5806.32.2000 Ms. Elizabeth McGuffin Dollar General Corporation 100 Mission Ridge Goodlettsville, TN 37072 RE: The tariff classification of a narrow woven fabric of synthetic monofilament yarns and metalized strip, from China Dear Ms. McGuffin: In your letter dated February 6, 2018, you requested a tariff classification ruling. A sample was provided to this office and sent for analysis. Dollar General SKU# 99RIBB “Halloween Mesh Ribbon” is an open-work narrow fabric woven of monofilament yarns and metalized strip of different colors. The fabric contains two false selvedges created by closely weaving several warp yarns along the edges and by “using a heat pin to cut the fabric and finish the edge.” All of the strip contained within this product has an apparent width of less than 5 mm, thereby meeting the dimensional requirements for textile strip contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS). However, according to Note 1 to Chapter 54, strip is not considered to be a man-made fiber. Your correspondence states that the fabric will be imported on rolls, in sizes of approximately 6.5 inches in width and 15 feet long. Although the information provided indicated that this fabric is composed of 94 percent polyethylene strip and 6 percent metalized polypropylene strip, Customs and Border Protection (CBP) laboratory analysis found that the sample is composed of 95.9 percent olefin monofilament yarns (not strip) and 4.1 percent metalized. The fabric weighs 44.5 g/m2. 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 selvedges 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. Since this fabric has false selvedges on both sides as described in the Explanatory Notes above, and does not exceed 30 cm in width, it meets the definition of narrow woven fabric. The applicable subheading for SKU# 99RIBB 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 an adhesive (bolducs): Other woven fabrics: Of man-made fibers: Other. The applicable rate of duty 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 https://hts.usitc.gov/current. 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 via email at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division