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NY F89533




August 10, 2000

CLA-2-56:RR:NC:TA:351 F89533

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.9000, 5607.50.3500

Judy Kearney
Network Brokers International, Inc.
Airport Industrial Office Park
Building C-1D
145th Street & Hook Creek Blvd.
Valley Stream, NY 11581

RE: The tariff classification of decorative yarn and cord from Taiwan.

Dear Ms. Kearney:

In your letter dated June 28, 2000, on behalf of your client, Berwick Industries LLC, you requested a classification ruling.

You submitted two samples, along with a brochure showing that the items will be sold at retail on spools as gift-wrap accessories.

The first item is style 9268, “Gold Metallic (Round).” It is a 3-ply yarn described as 75% acrylic and 25% metallized polyester yarn. The metallized component is wrapped spirally around the man-made fibers; this creates a gimped yarn. For purposes of U.S. Customs classification, any yarn that contains any amount of metal is regarded in its entirety as "metalized yarn" for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal. Since all three strands of the yarn are metalized, the yarn is considered to be 100% of metallized yarn.

The second sample, style 9311, is described as “White Matte/Gold Metallic (Round)/ 45% Rayon/8% Metallized poly yarn/47% Acrylic.” This is also 3-ply, but two of the plies are composed of polished fibers wound around a core of twisted fibers; the third strand is composed of five strands of gimped metallized thread twisted together.

The applicable subheading for style 9268 will be 5605.00.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for metalized yarn, whether or not gimped, combined with metal in the form of thread, strip, or powder, or covered with metal: other. The duty rate will be 13.9%.

The applicable subheading for style 9311 will be 5607.50.3500, HTS, which provides for twine, cordage, ropes and cables, whether or not plaited or braided . . . . The duty rate will be 23 cents per kilogram plus 12.5 percent ad valorem.

Both HTS 5605.00.9000 and 5607.50.3500 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 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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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