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NY F86014




May 2, 2000

CLA-2-62:RR:NC:3:353 F86014

CATEGORY: CLASSIFICATION

TARIFF NO.: 6215.10.0025

Mr. Daniel Phillips dvp Enterprises
150 Ardendale Dr.
Daly City, CA 94014

RE: The tariff classification of silk ties from China.

Dear Mr. Phillips:

On April 5, 2000 you were issued ruling NY F84933 regarding the classification of a silk tie from China. In your fax of April 14, 2000 you informed Customs that the number 198-010 which is indicated in that ruling is not an item number, but in fact is used to identify the color of the tie. You state that a number on a tie does not categorize the tie in terms of material construction. You further state that the ties may or may not be imported with a number. However, all ties will be of the same material construction when imported, and a complete description will be provided when shipped. You wish to obtain a ruling regarding the classification of these ties.

The item is silk ties, which you state will be identical in construction, except color, to that supplied to this office for ruling NY 84933, dated April 14, 2000. The ties are composed of woven 100% silk fabric with a lining and interlining of 100% polyester fabric. You state that the silk fabric is 50%, the lining is 10%, and the interlining is 40% of the weight of the tie.

The applicable subheading for the silk ties will be 6215.10.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for “Ties, bow ties and cravats: Of silk or silk waste, Containing 50 percent or more by weight (including any linings and interlinings) of textile materials other than silk or silk waste.” The duty rate will be 7.5% ad valorem.

The silk ties fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Because the ties are 50% silk and 50% other textile material (polyester) by weight, even a slight change in the weight of the fabrics may result in a change of classification, as well as, quota and visa requirements. The silk ties may be subject to U.S. Customs laboratory analysis at the time of import, and if the fabric is other than a 50/50 weight they may be reclassified by Customs at that time.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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