HQ 954014: Classification of woven textile labels; exemption from quotaand visa restraints for commercial samples

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 954014
                                
                        September 8, 1993

CLA-2 CO:R:C:T 954014 jlj

CATEGORY: Classification

TARIFF NO.: 5807.10.1020; 9811.00.6000
 
Mr. Harold Dyne
Pacific Trim & Belt, Inc.
3820 S. Hill St.
Los Angeles, California 90037

RE: Classification of woven textile labels; exemption from quota
and visa restraints for commercial samples

Dear Mr. Dyne: 

     In your letters of April 9, 1993, and November 22, 1992, you
requested a ruling under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) for woven textile labels from
Taiwan and Thailand.  You submitted samples along with your
second letter.

     You also requested waiver of quota and visa restraints for
sample labels.

FACTS:

     The samples submitted are one square "She Knows" label, one
rectangular "Greenbox" and one triangular shaped "Jokko" woven
textile label.  

     The labels have edges.  One rectangular label has two sides
folded over and heat set, and two sides with edges.

     The labels were sent to the Office of Laboratories &
Scientific Services for analysis.  The following is the gist of
the laboratory's analysis: 

     The white "She Knows" and the green "Greenbox" labels are
     woven and appear to have been made on a narrow fabric
     weaving machine.  The cut selvedges were formed by cutting
     the  fabric thermally with a hot wire type label cutting
     device.  The hot temperature causes the thermoplastic 
                                2
                                
     synthetic fibers to melt and fuse together to prevent
     raveling.  The plastics material you describe at the edges
     is the melted fibers. 
     
     The white triangular "Jokko" label is woven, with edges that
     have also been cut with a hot wire.

ISSUES:

     What is the correct HTSUSA classification for these labels?

     Can quota and visa restraints be waived for samples?

LAW AND ANALYSIS:

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

     Labels such as the submitted samples are classified under
the provision for labels, badges, and similar merchandise of
textile materials, in the piece, in strips or cut to shape and
size, not embroidered: woven: labels: of man-made fibers, in
subheading 5807.10.1020, HTSUSA.   

     Chapter 98, HTSUSA, covers special classification
provisions.  Subchapter XI of Chapter 98 provides for samples for
soliciting goods.  Subheading 9811.00.6000, HTSUSA, reads as
follows:

     Any sample (except samples covered by heading 9811.00.20 or
     9811.00.40), valued not over $1 each, or marked, torn,
     perforated or otherwise treated so that it is unsuitable for
     sale or for use otherwise than as a sample, to be used in
     the United States only for soliciting orders for products of
     foreign countries.

(Note: 9811.00.20 applies to alcoholic beverages, and 9811.00.40
applies to tobacco products and cigarette papers and tubes. 
Neither subheading is applicable here.)

     If your product meets the requirements of subheading
9811.00.6000 (i.e., if they are bona fide commercial samples for
soliciting orders, not for resale), then it may be admitted free
of duty and quota requirements.  If the labels don't meet the
requirements of 9811.00.6000, then Customs has no authority to
waive those requirements.  You should address your request for a
waiver to the Committee for the Implementation of Textile
Agreements, U. S. Department of Commerce, Room 3001, Washington,
D. C. 20230.
                                3


HOLDING:

     The instant samples are classified in subheading
5807.10.1020, HTSUSA, textile category 669, dutiable at the rate
of 9 percent ad valorem.  If the samples meet the requirements of
subheading 9811.00.6000, then they may be admitted free of duty. 

     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.  Inasmuch
as 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