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NY K83250

March 5, 2004

CLA-2-56:RR:NC:N3:351 K83250


TARIFF NO.: 5606.00.0090

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

RE: The tariff classification of decorating kits from China and Taiwan.

Dear Mr. Cioffi:

In your letter dated Feb. 10, 2004, you requested a ruling on behalf of Lamrite West d/b/a Darice, of Strongsville, Ohio, on tariff classification.

You submitted two samples of decorating kits. The first is called “Finishing Accents Embel Kits Wedding,” item No. 1202-50. Packaged together on a display card are three kinds of chenille yarns and a length of ¼”-wide trim made from loose yarns sewn at each edge. Also on the card is a plastic bag containing sequins, textile rosettes, two metal charms, and a length of small plastic beads.

The second sample is also a display card containing a similar set, this one called “Finishing Accents Embel Kits Baby,” item No. 1202-54. It contains two chenille yarns, the same ¼”-wide trim as above, a 1/8”-wide knit narrow fabric, and a bag containing two small feathers, loose plastic beads, and two metal charms.

Explanatory Note X to General Rule of Interpretation (GRI) 3(b) provides that merchandise is a "set put up for retail sale" if (a) it is composed of at least two different items classifiable in different headings; (b) it consists of items put up together to meet a particular need; and, (c) it is put up in a manner suitable for sale directly to users, without re-packing, in a retail package. Goods classifiable under GRI 3(b) are classified as if they consisted of the component that gives them their essential character, which may be determined by the nature of the component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article.

It is the opinion of this office that both kits meet the tariff definition of sets. Further, it is our opinion that the essential character of each set is imparted by the chenille yarns.

The applicable subheading for the kits Wedding and Baby will be 5606.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for chenille yarn. The general rate of duty will be eight percent ad valorem. Chenille yarn, classified in subheading 5606.00.0090, HTS, falls within textile category designation 201. Based upon international textile trade agreements products of China and 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 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.). The samples will be returned as requested.

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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