HQ 955830: Classification of narrow woven fabrics; Headings 5806, 5906

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 955830

                          May 17, 1994




CLA-2  CO:R:C:T  955830 CC

CATEGORY:  Classification

TARIFF NO.:  5806.10.2000; 5806.32.2000; 5906.99.2500

Gary Grewal
American Plastics
28056 Ziele Creek Drive 
Hayward, CA 94542

RE:  Classification of narrow woven fabrics; Headings 5806, 5906

Dear Mr. Grewal:

     This letter is in response to your inquiry, dated January 25,
1994, requesting the tariff classification of narrow woven fabrics. 


FACTS:

     You have submitted four samples for classification.  All of
the samples measure approximately 1 inch in width.  For the purpose
of this ruling, all of the fabrics are assumed to be imported in
the piece.  

     Sample number 1 consists of two velcro-like fabrics: one
constitutes the hook ("male" portion) and the other constitutes
the loop ("female" portion).  Both portions are narrow woven pile
fabrics of man-made fibers.  The two edges of each portion appear
to be cut, not woven edges; they are prevented from unraveling by
invisible coatings.

     Sample number 2 is a self-adhesive man-made fiber hook and
loop fabric with a protective release paper.  Both portions are of
woven construction, and the pressure sensitive adhesive coating is
of a rubber base.  The sample is about 4 centimeters wide and is
cut from a wider piece.  

     Sample numbers 3 and 4 are both man-made fiber utilitarian
narrow woven fabrics.  They have fast woven selvages on all edges. 
Sample number 3 is made of nylon fibers; sample number 4 is made
of polyester fibers.  


ISSUE:

     What is the tariff classification of the merchandise at issue
under the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA)?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's), taken
in order.  GRI 1 provides that classification shall be determined
according to the terms of the headings and any relative section or
chapter notes.  

     Heading 5806, HTSUSA, provides for narrow woven fabrics, other
than goods of heading 5807.  Note 5(a) to Chapter 58 states that
for the purposes of heading 5806, the expression "narrow woven
fabrics" means 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.  All four
samples have a width less than 30 centimeters.  

     The Harmonized Commodity Description and Coding System,
Explanatory Notes constitute the official interpretation of the
HTSUSA at the international level.  With regard to selvages, the
Explanatory Notes state the following at page 804.

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[5806] and classified with
ordinary woven fabrics. 

     The coating on sample 1 prevents the edges from unravelling. 
Consequently, sample 1 has false selvages, based on the Explanatory
Notes.  In addition, in Headquarters Ruling Letter (HRL) 950102,
dated February 10, 1992, we found that a fabric coated with
plastics that prevented the edges from unravelling was considered
to have false selvages.  Consequently, sample 1 is considered a
narrow woven fabric.  Having a woven pile construction, sample 1
is classifiable under subheading 5806.10, HTSUSA.


     Samples 3 and 4 contain woven selvage edges, making them
classifiable as narrow woven fabrics.  Both are classifiable under
subheading 5806.32, which includes narrow woven fabrics, not
provided for under the preceding subheadings, of man-made fibers. 
Subheading 5806.32.10 provides for ribbons.  The Explanatory Notes
to Heading 5806 state at page 804 that ribbons are usually of silk,
wool, cotton or man-made fibres, whether or not containing
elastomeric yarn or rubber thread, and are used in underwear, in
women's apparel, in the manufacture of hats and fancy collars, as
medal ribbons, as a decorative binding material, in furnishing,
etc.  A Dictionary of Textile Terms, Thirteenth Edition, Dan River
Inc. (1980) defines ribbon as "a fillet or narrow woven fabric of
varying widths, commonly one-quarter to three inches, having
selvage edges, chiefly of rayon silk or velvet, and used for
braiding, decoration, trimmings, etc."  There is no evidence that
samples 3 and 4 will be used for the purposes listed for ribbons
in the Explanatory Notes or A Dictionary of Textile Terms. 
Consequently, we do not believe these samples are classifiable as
ribbons.  Instead, they are classifiable under subheading
5806.32.2000, HTSUSA.

     Sample 2 has an adhesive coating of a rubber base.  Heading
5906, HTSUSA, provides for rubberized textile fabrics, other than
those of heading 5902.  Note 4 to Chapter 59 states that for the
purposes of heading 5906, the expression "rubberized textile
fabrics" means:

(a)  Textile fabrics impregnated, coated, covered or
     laminated with rubber:

     (i)  Weighing not more than 1,500 g/m}; or 

    (ii)  Weighing more than 1,500 g/m} and containing
          more than 50 percent by weight of textile
          material.

Sample 2 meets the requirements of Note 4 to Chapter 59 and is
therefore classifiable in Heading 5906.

     Subheading 5906.10, HTSUSA, provides for adhesive tape of a
width not exceeding 20 centimeters.  Subheading 5906.99, HTSUSA,
is a residual provision for articles of Heading 5906 that are not
adhesive tape or knitted or crocheted.  Tape is defined by
Fairchild's Dictionary of Textiles (1970) at page 576 as the
following:

     A narrow woven fabric not more than eight inches
wide.  (A.S.T.M.)  Made in a wide variety of materials
including cotton, linen, wool and man-made fibers.  Often
made in a broken twill weave but also in plain weave,
twill, and even a satin weave.  Uses: trimming, binding. 

Sample 2 has a pile construction and does not have the weave
typical of tape.  It would not be considered an adhesive tape and
therefore is classifiable under subheading 5906.99.

HOLDING:

     Sample 1 is classified under subheading 5806.10.2000, HTSUSA,
which provides for narrow woven fabrics, other than goods of
Heading 5807: woven pile fabrics (including terry toweling and
similar terry fabrics) and chenille fabrics: of man-made fibers. 
The rate of duty is 9.5 percent ad valorem, and the textile
category is 229.

     Sample 2 is classified under subheading 5906.99.2500, HTSUSA,
which provides for rubberized textile fabrics, other than those of
Heading 5902: other: other: of man-made fibers: other.  The rate
of duty is 8.5 percent ad valorem, and the textile category is 229.

     Samples 3 and 4 are classified under subheading 5806.32.2000,
HTSUSA, which provides for narrow woven fabrics, other than goods
of Heading 5807: other woven fabrics: of man-made fibers: other. 
The rate of duty is 7 percent ad valorem, and the textile category
is 229.

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

     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 internal issuance of the U.S. Customs Service, which
is available for inspection at your local Customs office.


                              Sincerely,



                              John Durant, Director