HQ 084846: Classification of waist webbing

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                       HQ 084846


                                    September 22, 1989

CLA-2 CO:R:C:G  084846  HP

CATEGORY:  Classification

TARIFF NO.:  5806.20.0000

Mr. Armand J. Cohodes
Assistant Vice President
Contractor Operations
Jaymar-Ruby, Inc.
P.O. Box 700
Michigan City, Indiana 46360

RE:  Classification of waist webbing

Dear Mr. Cohodes:

     This is in reply to your letter of June 6, 1989, concerning
the tariff classification of
waist webbing, produced in the United States, for exportation to
Japan, under the
Harmonized Tariff Schedule of the United States Annotated (HTSUSA
).

     You have stated that in attempting to export this
merchandise to Japan, Japanese
Customs has required a tariff classification under subheading
5407.10, as woven fabrics
of polyesters.  While we normally do not provide advisory rulings
 related to exportation
of merchandise from the United States, we are now furnishing a
binding ruling for this
merchandise in the event importation takes place sometime in the
future.  Please be
aware that this ruling is in no way binding upon the government
of Japan.

FACTS:

     The merchandise at issue is woven fabric approximately 9 cm
in width, consisting of
80 percent polyester yarns and 20 percent elastomeric yarns, to
be used as waist
webbing for Sansabelt~ slacks.

ISSUE:

     Whether the fabric is considered narrow woven fabric under
the HTSUSA?
LAW AND ANALYSIS:

     Heading 5806, HTSUSA, provides for, inter alia, narrow woven
 fabrics, other than
labels, badges, and similar articles of heading 5807.  The
General Rules of Interpretation
(GRI's) to the HTSUSA govern the classification of goods in the
tariff schedule.  GRI 1
states, in pertinent part:

          ... classification shall be determined according to the
           terms of the headings and
          any relative section or chapter notes ....

Goods which cannot be classified in accordance with GRI 1 are to
be classified in
accordance with subsequent GRI's, taken in order.

     Note 5 to Chapter 58, HTSUSA, defines "narrow woven fabrics"
 as:

          (a)  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 to the HTSUSA constitute the official
interpretation of the
tariff at the international level.  The Explanatory Note to this
heading states that
products within this heading

          ... include both ribbons and webbing....

                                   *    *    *

               [W]ebbings are thick, strong, narrow woven fabrics
          , usually of cotton, flax,
          hemp or jute, used in saddlery, harness-making, for the
           manufacture of straps,
          belting or waist bands, chair seats, etc.  [Emphasis
          added.]

                                   *    *    *

               The goods covered by this heading are usually
          woven with the same weaves
          as the fabrics of Chapters 50 to 55 [including
          subheading 5407.10, supra] ..., and
          they differ from these fabrics only as regards the
          criteria referred to ... above.

In the instant matter, if the fabric contains selvages on both
edges, it will be classifi
able as a narrow woven fabric under heading 5806, HTSUSA.
     In the Man-Made Fiber and Textile Dictionary (Celanese Corp.
), selvage is defined as:

          [t]he narrow edge of woven fabric that runs parallel to
           the warp.  It is made
          with stronger yarns in a tighter construction than the
          body of the fabric to
          prevent raveling.  A fast selvage encloses all or part
          of the picks [(a filling
          thread or yarn running horizontally in woven goods)],
          and a selvage is not fast
          when the filling threads are cut at the fabric edge
          after every pick.

     It is clear that the submitted sample has two fast selvages.
  All of the picks are
enclosed.  If the fabric did not have fast selvages, the edges
would easily unravel; this
is not the case.  Therefore, the sample satisfies the above-
stated requisites for narrow
woven fabrics of heading 5806, HTSUSA.

HOLDING:

     As a result of the foregoing, the instant merchandise is
classified under subheading
5806.20.0000, HTSUSA, textile category 229, as narrow woven
fabrics, other than goods
of heading 5807; narrow fabrics consisting of warp without weft
assembled by means of
an adhesive (buldocs), other woven fabrics, containing by weight
5 percent or more of
elastomeric yarn or rubber thread.  The applicable rate of duty
in 8 percent ad valorem.

     The designated textile and apparel category may be
subdivided into parts.  If so, visa
and quota requirements applicable to the subject merchandise may
be affected.  Since
part categories are the result of international bilateral
agreements which are subject to
frequent renegotiations and changes, to obtain the most current
information available,
we suggest that you check, close to the time of shipment, the
Status Report On Current
Import Quotas (Restraint Levels), an issuance of the U.S. Customs
 Service, which is
updated weekly and is available at your local Customs office.

     Due to the changeable nature of the statistical annotation (
the ninth and tenth digits
of the classification) and the restraint (quota/visa) categories,
 you should contact your
local Customs office prior to importing the merchandise to
determine the current
applicability of any import restraints or requirements.


                                   Sincerely,


                                   John Durant, Director
                                   Commercial Rulings Division