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NY A82538




April 18, 1996

CLA-2-56:RR:NC:TP:351 A82538

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.9000; 5607.50.2000; 9505.10.2500; 9505.10.5020

Mr. J. Epstein
W.N. Epstein & Co., Inc.
P.O.Box 45187
St. Louis, MO 63145

RE: The tariff classification of two twisted cords, a Christmas tree skirt and a Christmas tree ornament, from India.

Dear Mr. Epstein:

This letter will replace our letter dated April 18, 1996, which indicated an incorrect visa/quota category designation. The letter should have read as follows:

In your letter dated April 10, 1996, on behalf of India Exotics Inc., you requested a classification ruling.

You have submitted four samples as follows: 1) spool of grey cord, item no. 85019; 2) spool of red and gold cord, item no. 85012; 3) Christmas tree skirt with straps made of rayon fibers, man-made monofilaments and gold metallic yarns, item no. PS-005; and 4) embroidered, stuffed heart-shaped Christmas tree ornament with a hanging loop and tassel made of man-made fibers, metallic yarns, sequins and other ornamentation, item no. CJO-04. Items 1 and 2 are twisted three-strand cords measuring approximately 5 millimeters in diameter by 5 yards in length. The cords' strands are gimped yarns; gold metallic yarns wrap one of the second item's three strands. According to your letter, both of the cords are made of 70% polyester and 30% cotton. Regarding the Christmas tree skirt and ornament, we assume that you will be able to provide a catalog or other proof that these items are used on Christmas trees.

The applicable subheading for the first cord, item no. 85019, will be 5607.50.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics; of other synthetic fibers; not braided or plaited. The duty rate will be 26.1 cents per kilogram plus 14.2 percent ad valorem.

The second cord, item no. 85012, will be classifiable under the provision 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, in subheading 5605.00.9000, HTS. The rate of duty will be 14.6 percent ad valorem.

The Christmas tree skirt, item no. PS-005, will be classifiable under the provision for festive, carnival or other entertainment articles, ...; parts and accessories thereof; articles for Christmas festivities and parts and accessories thereof; other; other; other, under subheading 9505.10.5020, HTS. This merchandise will be free of duty.

The Christmas tree ornament, item no. CJO-04, will be classifiable under the provision for festive, carnival or other entertainment articles, ...; parts and accessories thereof; articles for Christmas festivities and parts and accessories thereof; Christmas ornaments; other; other, in subheading 9505.10.2500, HTS. This merchandise will be free of duty.

The two cords, item nos. 85019 and 85012, fall within textile category designation 201. Based upon international textile trade agreements, products of India are subject to quota and the requirement of a visa.

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. 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 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 Jeff Konzet at 212-466-5885.

Sincerely,

Roger J. Silvestri
Director

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