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NY 893460




February 24, 1994

CLA-2-55:S:N:N6:351 893460

CATEGORY: CLASSIFICATION

TARIFF NO.: 5503.90.0000; 5609.00.1000

Mr. Erik Deitesfeld
10890 West 68th Place
Arvada, CO 80004

RE: The tariff classification of textile fiber wall covering material from Japan.

Dear Mr. Deitesfeld:

In your letter dated December 14, 1993, you requested a classification ruling.

You have submitted three samples, item nos. T-16, MD-11 and G-2, with a breakdown of component materials, by volume, as follows: item no. T-16 is made of 18% cellulose, 72% vinylon and 10% glue; item no. MD-11 is made of 20% rayon, 9% cellulose, 17% sponge, 9% resin powder, 15% mica, 14% cellophane, 7% Tetron (polyester) film and 9% glue; and item no. G-2 is made of 14% rayon powder, 40% cotton fiber, 11% rayon fiber, 21% Tetron film and 14% glue. In item no. T-16, the vinylon synthetic staple fibers measure approximately 1/2 inch in length and are not carded, combed or otherwise processed for spinning. Item nos. MD-11 and G-2 were sent to our Customs laboratory for analysis. The have determined that the mica in item no. MD-11 is real mica mineral substance and that the mica is 22% of the the item's total weight. Also, they have determined that the cotton fibers in item no. G-2 are cotton yarns chopped up into short lengths (of approximately 1/4 inch). The three samples are intended to be used as decorative textured wall covering material. The material must be mixed with water and then trowel or spray applied to interior walls, ceilings or small articles.

The applicable subheading for item no. T-16 will be 5503.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic staple fibers, not carded, combed or otherwise processed for spinning, other. The duty rate will be 4.9 percent ad valorem.

Item no. G-2 will be classifiable under the provision for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included, of cotton, in subheading 5609.00.1000, HTS. The rate of duty will be 5.8 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on item no. MD-11. Your request for a ruling should include a larger amount of the mixture so that our laboratory can determine which of the eight components in the mixture are textile materials.

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
New York Seaport?

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