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NY J81207




March 7, 2003

CLA-2-56:RR:NC:TA:351 J81207

CATEGORY: CLASSIFICATION

TARIFF NO.: 5604.10.0000, 5607.50.3500, 6307.90.9889

Ms. Judy Kearney
Network Brokers International, Inc.
Airport Industrial Office Park
Building C-1D
145th Avenue & Hook Creek Blvd
Valley Stream, NY 11581

RE: The tariff classification of cord, rubber cord, and wired stars from China and Taiwan.

Dear Ms. Kearney:

In your letter dated February 12, 2003, on behalf of Berwick Industries LLC, you requested a tariff classification ruling.

You submitted four (4) samples. Item number 81818 is a rubber cord in a sheath of braided metallic strips. Each strip meets the tariff definition of textile. The country of origin is said to be Taiwan.

The applicable subheading for the rubber cord, item 81818, will be 5604.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for rubber thread and cord, textile covered. The duty rate will be 6.4 percent ad valorem.

Item WB-05 is a yarn wrapped around a wire, or the wire is inserted into the yarn, with a chenille effect. The fiber content is stated to be 100% polyester on iron wire. The applicable subheading for item WB-05 will be 5607.50.3500, HTS, which provides for twine, cordage, ropes and cables, of other synthetic fibers, not braided or plaited, other. The general rate of duty will be 20.7 cents per kilogram + 11.2 percent ad valorem.

Both subheading 5604.10.0000 and subheading 5607.50.3500 fall within textile category designation 201. Based upon international textile trade agreements products of Taiwan and China are 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.

Item WS-13, Wired Stars, is composed of a string of attached stars, each approximately ¾” across and woven of metallic yarn. Each is filled with a non-woven textile. A wire runs through the stars. The applicable subheading for item WS-13 is 6307.90.9889, HTS, which provides for other made up textile articles, other. The duty rate will be seven percent ad valorem.

Your letter also seeks classification rulings for item WFG-01, Wired Flower Garland. It is composed of a narrow (approximately 3 mm) woven fabric connected to a metal wire. However, we are precluded from issuing a ruling on this item by the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Section 177.7 (b) of the Customs Regulations provides that a ruling will not be issued in cases where pending litigation exists before the United States Court of International Trade. In Berwick Industries, Inc. v. United States, Civil Action 98-12-03207, the issue of classification of ribbons containing wires sewn into the edges is before the Court. The issue being litigated involves whether the insertion of wires at the edges results in a “made up” article and whether such goods are classifiable as ribbon in heading 5806 or as other made up articles in heading 6307, HTS. Since the classification of the ribbons which are the subject of this request for a ruling are similar to the goods before the Court in Berwick Industries, Supra, we are precluded from issuing a ruling in this case.

When all litigation has been concluded on the case referenced above, you may resubmit your request for a ruling. If you decide to resubmit your request at that time, please include all materials that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor 1 Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 above, contact National Import Specialist Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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