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NY 862952


May 18, 1991

CLA-2-56:S:N:N3H:351 862952

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.0090

Mr. Herb Wolfarth
Radix Group International, Inc.
2355 South Arlington Heights Road
Arlington Heights, IL 60005

RE: The tariff classification of a gimped metallic yarn from Japan.

Dear Mr. Wolfarth:

In your letter dated April 23, 1991, on behalf of Sewing Machine Exchange Inc., you requested a tariff classification ruling.

You have submitted a sample swatch of embroidered fabric which depicts how Sewing Machine Exchange intends to use the silver metallic yarn that will be imported from Japan on 136 gram spools. The yarn appears to be a gimped yarn. The 190 denier thread is covered with a pure silver metalized strip made from polyester film, and it contains a core of 100 denier nylon filaments. The silver strip, which is 42% of the weight, wraps around and obscures the nylon filament core, which is 58% of the weight. The silver metallic yarn will be sold in the United States under the brand name Pearl Yacht.

The applicable subheading for the yarn will be 5605.00.0090, Harmonized Tariff Schedule of the United States (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 will be 15 percent ad valorem.

The metallic yarn falls within textile category designation 201. Based upon international textile trade agreements, products of Japan are subject to the requirement of a visa. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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