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NY J82794

April 4, 2003

CLA-2-56:RR:NC:N3:351 J82794


TARIFF NO.: 5605.00.9000

Ms. Yolanda S. Massey
Import Manager
8000 Bent Brush Drive
Irving, TX 75063

RE: The tariff classification of decorative metalized yarn from Taiwan.

Dear Ms. Massey:

In your letter dated March 21, 2003, you requested a ruling on tariff classification.

You submitted four samples of your Vendor Style # MXT-12215, designated A-D. You state the fiber content to be 92% polyester and 8% metallic.

They are metalized cords each composed of two strands. In all cases, one strand is a gimped yarn with no metallic yarn. The other strand is made of two plies; one of these plies is the same as the first strand, but thinner, while the other ply is composed of polyester filaments gimped with metallic strip. The gold metallic strip is considered textile for tariff purposes. Please note that a yarn that 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. MXT-12215 is considered to be 100% metallic.

The only difference among the four is the color of the non-metallic yarns: sample A is red and green with gold, B is gold with gold, C is green with gold, and D is red with gold.

Your Import Quote Sheet shows the classification as subheading 5607.50.4000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for twine, cordage, rope and cable; of other synthetic fibers; not braided or plaited; other. However, the Explanatory Notes (EN) to heading 5607 exclude “fancy cords as used by confectioners, florists, etc., of 5605.”

Further, the EN to heading 5605 state,

The heading covers multiple (folded) or cabled yarn containing plies of the yarn referred to above (e.g., fancy cords as used by confectioners, obtained by twisting together two or more metalized yarns as described above).

The applicable subheading for this product will be 5605.00.9000, 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 general rate of duty will be 13.4 percent ad valorem.

This product falls within textile category designation 201. Based upon international textile trade agreements products of Taiwan 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 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.).

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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