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March 10, 1999

CLA-2-56:RR:NC:TA:351 D88011

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.9000

Ms. Linda C. Pearson
Seasonal Specialities
11455 Valley View Road
Eden Prairie, MN 55344

RE: The tariff classification of metalized wired garlands (cords)from Taiwan.

Dear Ms. Pearson:

In your letter dated February 8, 1999, you requested a classification ruling.

You submitted two items and an empty spool and requested a tariff classification on the items you call garlands. You included the empty spool as a example of your packaging material. You supplied the following information:

088907012746 6mm x 12' wired gold and silver cord Christmas tree garland. Three lengths of cord are twisted into a rope-like garland. One of the cords has a wire at the core. Ends are cut and wrapped in tape to prevent unraveling. Material Breakdown: 100% metallic

088907012753 6mm x 12' wired white and gold cord Christmas tree garland. Three lengths of cord are twisted into a rope-like garland. One of the cords has a wire at the core. Ends are cut and wrapped in tape to prevent unraveling. Material Breakdown: 35% metallic, 65% polyester.”

You also stated that the garlands are sold on a spool as a complete unit of one each.

Please note that any yarn which contains any amount of metal is regarded in its entirety as "metalized yarn" for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal. You have stated that the cords which are the subject of this ruling contain a certain percentage by weight of metalized yarns. We have not verified your given fiber contents through laboratory testing, and will assume that your information is correct. Upon importation, however, if the fiber content is found by laboratory testing or other means to be different from that assumed in this ruling, then this ruling does not apply.

The applicable subheading for item 088907012746 will be 5605.00.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for metalized yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metal, other. The duty rate will be 14.1 percent ad valorem.

The applicable subheading for item 088907012753 will be 5607.50.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for twine, cordage, rope or cables, of other synthetic fibers, not braided or plaited, other. The duty rate will be 23.8 cents /kg plus 12.9 percent ad valorem.

Items 088907012746 and 088907012753 fall within textile category designation 201. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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.

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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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