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NY A89028




November 7, 1996

CLA-2-56:RR:NC:TP:351 A89028

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9890; 5604.10.0000; 5605.00.9000

Mr. Mark Adler
M. Adler's Son, Inc.
8 Rewe Street
Brooklyn, N.Y. 11211-1797

RE: The tariff classification of decorative plastic sheet and cord from Taiwan

Dear Mr. Adler:

In your letter dated October 24, 1996 you requested a classification ruling.

You have submitted four types of samples of merchandise for review. The first item is a perforated plastic sheet coated with metal on both sides (style #XAO5163) that comes in a variety of colors. The sheet is approximately 1.7 inches wide and, as per a phone conversation with you, the sheet will be imported in 50 yard lengths on rolls. You have also said that this item, as well as the others, are sold to florists for decorative use in floral arrangements.

The second item (style #XAO5164)is a braided cord which is rubber thread covered by braided metalized yarn. The fiber content of the yarn is listed as 60% rubber and 40% metallic. This yarn comes in different colors and you have indicated that it will be imported on rolls of 10 yard lengths.

The third item (style #XAO5165)is a gimped metalized cord. This is a core of metal wire surrounded by cotton yarns with metalized yarn wrapped around this core. The fiber content of the yarn is listed as 30% wire, 25% metallic and 45% cotton. The wire core serves a decorative purpose by enabling one to shape the yarn in a desired way. This yarn comes in different colors and you have indicated that the yarn will be imported on rolls of 10 yard lengths.

The fourth item (style #XAO5166)is also a gimped metalized cord. It is a core of metal wire with polyester yarns twisted around it and metalized yarn wrapped around this core. The fiber content of the yarn is listed as 50% metallic and 50% polyester. The wire core serves a decorative purpose by enabling one to shape the yarn in a desired way. This yarn comes in different colors and you have indicated that it will be imported on rolls of 10 yard lengths.

The applicable subheading for the decorative plastic sheet will be 3926.90.9890, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastic, other, other. The duty rate will be 5.3 percent ad valorem.

The applicable subheading for item number XA05164 will be 5604.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for rubber thread and cord, textile covered. The duty rate will be 7 percent ad valorem.

The applicable subheading for XA05165 and XAO5166 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 duty rate will be 16.6 percent ad valorem.

Styles XA05164, XAO5165 and XAO5166 fall within textile category designation 201. Based upon international textile trade agreements products of Taiwan 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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