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NY 892664




December 8, 1993

CLA-2-56:S:N:N6:351 892664

CATEGORY: CLASSIFICATION

TARIFF NO.: 5601.30.0000

Mr. Erik Deitesfeld
10890 West 68th Place
Arvada, CO 80004-2751

RE: The tariff classification of textile flock from Japan.

Dear Mr. Deitesfeld:

In your letter dated November 17, 1993, you requested a tariff classification ruling.

You have submitted ten sample bags of textile flock and fibers which you describe in your correspondence as decorative wall covering material. To be used as textured wall covering, the material must be mixed with water and then trowel or spray applied to interior walls, ceilings or small articles. In your letter, you state that the products are made of approximately 40% cotton or rayon fibers; 30% cellulose fibers; 10% vinyl fibers, tetron film or aluminum powder; 10% polyester fibers or mica; and 10% cellulose based adhesive, by volume. The cellulose adhesive appears to make the fibers clump together. The fibers in seven of the ten submitted samples, except for small portion of metallic strips or other fibers, are assumed to be textile flock measuring 5 millimeters (mm) or less in length. These seven samples are identified as item numbers M-Z, MT-5, SP-3, I-6, AM-7, CAR-5 and C-3. They will be imported in bulk form packaged in bags weighing approximately 80 grams each.

The three remaining samples, item nos. MD-11, G-2 and T-16, were sent to our Customs laboratory for analysis, but they were unable to do an analysis. Item nos. MD-11 and G-2 contain numerous types of fibers, flock, strip, yarns and "mica"; and item no. T-16 is staple fibers not made of cotton, rayon or polyester. In order for us to rule on item nos. MD-11, G-2 and T-16, you will have to provide us with descriptions and breakdowns of component materials by weight.

2

The applicable subheading for the seven flock samples; item nos. M-Z, MT-5, SP-3, I-6, AM-7, CAR-5 and C-3; will be 5601.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fibers not exceeding 5mm in length (flock), textile dust and mill neps; textile flock and dust and mill neps. The rate of duty will be 4.9 percent ad valorem.

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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