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NY F85103




April 11, 2000

CLA-2-56:RR:NC:TA:350 F85103

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.72.0015; 5407.93.2010; 5603.12.0090; 6002.43.0010

Mr. Steven Tchira
Hammerhead Group Inc.
8800 NW 24th Terrace
Miami, FL 33172

RE: The tariff classification of two nonwoven, one knit and three woven fabrics for use as flower wraps and various gift wrapping applications, from Korea.

Dear Mr.Tchira :

In your letter dated March 29, 2000, you requested a classification ruling. The supplier is Korea Manito, Seoul, Korea.

Six representative samples were submitted, but no style or quality numbers were furnished.

The first item, and green in color, consists of a nonwoven fabric stated to be composed of 100% polyester man-made fibers. You indicate that this material will be imported in pre-cut sheets ranging from 47 cm x 47 cm to 70 cm x 100 cm and rolls of 50 cm x 20 m to 70 cm x 20m. This material has a given weight of 30 grams per square meter and appears to be of filament fibers.

The second item, and yellow in color with printed dots, is similar in construction to the first item, except that it has been creped by a heat setting process. This material is stated to weigh 30 grams per square meter and also appears to be of filament fibers.

The third item, identified as “Glitter Mesh”, consists of an openwork warp knit fabric composed of a stated blend of 80% nylon man-made fiber and 20% polyester film which in this case is of metallic yarns. This material will be imported in rolls of 70 cm x 10 yards.

The fourth item is identified as P.P. Mesh with snow, and foaming polystyrene. It is blue in color and consists of a woven mesh fabric (mesh size about 1/16th inch square) composed of polypropylene man-made fibers (not nylon as indicated in your correspondence and as discussed in a recent telephone conversation). The fabric is covered in a random scattered pattern of foaming polystyrene beads to simulate snow. This pattern is considered a design. You give the total weight of this material as 80% P.P and 20% polystyrene, respectively.

The fifth item, identified as P.P. Mesh and green in color, consists of a woven mesh fabric (mesh size about 1/8th inch square) composed of 100% polypropylene man-made fiber filament yarns (not nylon as indicated in your correspondence).

The sixth and final item, identified as P.P. Mesh w/Metallic String and red in color, consists of a woven open mesh fabric of polypropylene containing polyester/metallic yarns spaced about 1 inch apart woven in through the length of the material. This fabric has a total weight composition of 80% polypropylene man-made fibers and 20% metallic, respectively.

The applicable subheading for the first and second items (nonwovens) will be 5603.12.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 25 g/m2 but not more than 70 g/m2. The duty rate is Free.

The applicable subheading for the third item (Glitter Mesh) will be 6002.43.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, warp knit, of man-made fibers, open-work fabrics. The duty rate is 11.6 percent ad valorem.

The applicable subheading for the fourth and fifth items (P.P. Mesh with snow and P.P. Mesh) will be 5407.72.0015, HTS, which provides for woven fabrics of synthetic filament yarn, containing 85 percent or more by weight of synthetic filaments, dyed, weighing not more than 170 g/m2 . The duty rate is 15.7 percent ad valorem.

The applicable subheading for the sixth item (P.P. Mesh w/Metallic string) will be 5407.93.2010, HTS, which provides for other woven fabrics of synthetic filament yarn, of yarns of different colors, mixed mainly or solely with artificial filaments of metalized yarn. The duty rate is 14 percent ad valorem.

The first two items (nonwovens) fall within textile category designation 223. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

There are no textile restraints for the third item.

The fourth, fifth and sixth items (P.P. Mesh with Snow, P.P. Mesh and P.P. Mesh with metallic string) fall within textile category number 620. Based upon international textile trade agreements products of Korea 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 George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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