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NY H87117

January 17, 2002

CLA-2-79:RR:NC:N3:351 H87117


TARIFF NO.: 7904.00.0000, 5605.00.9000

Mr. John Cioffi
Continental Forwarding Co., Inc.
P.O. Box 81222 AMF
Cleveland, OH 44181

RE: The tariff classification of textile-coated wire and metalized yarn from Taiwan, China, and the Philippines.

Dear Mr. Cioffi:

In your letter dated December 31, 2001, you requested a ruling on behalf of Lamrite West (a/k/a Darice) on tariff classification.

You submitted samples of two items. Item 3958-10 is described as a craft wire, 10 gauge zinc, covered with a woven metallic polyester strip cut from PET film. The cut strip is wound around the wire. The wires will be sold in packages of 10 coils of wire, each approximately 3½’ long when extended.

The second sample, item 3958-11, is a polyester yarn, 13 ply, with a zinc wire among the plies; these are covered (gimped) with a metallic polyester textile strip. This strip meets the dimensional requirement for textile strip. Please note that a yarn that contains any amount of metal, in this case the metalized strip, 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. Thus, for purposes of classification, the presented yarn is completely metalized yarn.

Your samples will be returned as requested, although we have retained a portion of each for our files.

The applicable subheading for item 3958-10 (craft wire) will be 7904.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for zinc wire. The general rate of duty will be 4.2 percent ad valorem.

The applicable subheading for item 3958-11 will be 5605.00.9000, HTS, which provides for metalized yarn, whether or not gimped, being textile yarn . . . other. The general rate of duty will be 13.6 percent ad valorem.

Merchandise classifiable in subheading 5605.00.9000, HTS, falls within textile category designation 201. Based upon international textile trade agreements products of Taiwan, China, and the Philippines are currently subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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