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NY K81056

December 10, 2003

CLA-2-56:RR:NC:N3:351 K81056


TARIFF NO.: 5605.00.0090, 5806.32.1090

Ms. Carol Krupskas
Import Supervisor
Kamino Int'l Transport, Inc.
Airport Industrial Office Park Bldg. B4A
145th Ave. at Hook Creek Blvd.
Valley Stream, NY 11581

RE: The tariff classification of ribbon and metalized yarn from China.

Dear Ms. Krupskas:

In your letter dated Nov. 10, 2003, you requested a ruling on behalf of Horizon Fabrics on tariff classification. The samples will be returned as you requested.

You submitted three samples. The first item, MR4-031A, is a narrow woven fabric said to be 100% nylon. It is 3/8” wide with finished edges.

The applicable subheading for the ribbon will be 5806.32.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): Other woven fabrics: Of man-made fibers: Ribbons, other. The duty rate in 2003 will be 6.3 percent ad valorem. The rate of duty beginning January 1, 2004, will be six percent ad valorem.

Another item, MR4-031C, is a five-strand twisted cord. Four of the plies are gimped yarns, said to be polyester. The fifth is a metallic chenille yarn. You state the fiber content to be 80% polyester, 20% metallic. However, please note that a yarn or cord 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. This cord is considered to be of metalized yarn.

The applicable subheading for the metallic yarn will be 5605.00.0090, 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 rate of duty in 2003 will be 13.4 percent ad valorem. The rate in 2004 will be the same.

This product falls within textile category designation 201. Based upon international textile trade agreements products of China 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

You also submitted item MR4-031B, referred to as chenille fringe, 80% rayon, 20% acrylic. You describe it thusly:

It is light green and has pieces of chenille cut and attached along their cut edge to form loops that are joined to a knitted band. It is approximately 1” wide.

Before we can classify this item, we need to know how it was made; specifically, was the fringe attached to the knitted band in a separate operation after both were individually made? Also, on what type of knitting machine was it made on? If you decide to resubmit your request, please include the sample and a copy of this letter (or mention the control number).

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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