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NY K81055




December 12, 2003
CLA-2-56:RR:NC:3:350 K81055

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.0090, 5808.10.7000, 5808.90.0010

KAT Import Brokers
Airport Industrial Office Park Bldg. B4A
145th Avenue at Hook Creek Blvd.
Valley Stream, New York 11581

RE: The tariff classification of various trimmings from China

Dear Ms. Krupskas:

In your letter dated November 10, 2003, on behalf of Horizon Fabrics, you requested a tariff classification ruling. The samples are being returned as requested.

There were five samples submitted with your letter. These products will be imported in at least 15’ lengths.

The first sample, MR4-018A, is described as silver metallic ribbon embellished with narrow navy and white piping criss-crossed over the ribbon, attached along both edges with additional navy piping. You state it is 17% metallic, 49% polyester and 34% nylon.

The applicable subheading for MR4-018A will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: other of. cotton; of man-made fibers. The rate of duty in 2003 will be 4.3 percent ad valorem. The rate of duty in 2004 will be 3.9 percent ad valorem.

The second sample, MR4-018B, is a navy and silver metallic piece with a flat braided construction. Your letter indicates the item is 52% polyester and 48% metallic.

The applicable subheading for MR4-018B will be 5808.10.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: braids in the piece other of cotton; of man-made fibers. The rate of duty for 2003 will be 7.5 percent ad valorem. The rate of duty for 2004 will be 7.4 percent ad valorem.

The third sample, MR4-018C, is described in your letter as a knitted navy trim that resembles small shells joined together. You state it is 100% nylon. It appears this item is composed of a gimped yarn and a braided fabric. It appears to be held together by a running stitch.

The applicable subheading for MR4-018C will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: other of cotton; of man-made fibers. The rate of duty in 2003 will be 4.3 percent ad valorem. The rate of duty in 2004 will be 3.9 percent ad valorem.

The fourth sample, MR4-018D, is a knit yarn composed of one chenille ply and one ply that is composed of a knit yarn with small metalized strips, held in the knitting loops, creating a chenille effect. These two plies are knitted together to form the finished yarn.

You state the fiber content to be 60% rayon, 14% acrylic, and 26% 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, MR4-018E is considered to be of metalized yarn.

The fifth sample, MR4-018E, is a two-strand twisted cord. Each strand is composed of two plies. All of the plies are gimped yarns. Each strand is composed of one ply that is metalized strip (yarn) wound (gimped) around a multi-ply core, which itself is not twisted. The other ply is of the same construction but there is no metalized yarn used. These two plies are twisted together, then this strand is twisted with the other.

You state the fiber content to be 64% rayon and 36% metallic. As noted above, a yarn or cord that contains any amount of metal is regarded in its entirety as metalized yarn for tariff purposes. This cord, MR4-018E is considered to be of metalized yarn.

The applicable subheading for MR4-018D and MR4-018E 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.

Subheading 5605.00.0090 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.

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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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