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NY G82041




October 10, 2000

CLA-2-56:RR:NC:TA:351 G82041

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.9000, 5404.90.0000, 5605.00.1000

Lynda L. Stickney
Customs Compliance Manager
Pier 1 Imports
International Transportation Department
301 Commerce Street, Suite 600
Fort Worth TX 76102

RE: The tariff classification of decorative yarn from Germany.

Dear Ms. Stickney:

In your letter dated June 6, 2000, you requested a classification ruling. We had to reject that ruling request because it was deficient in information we needed in order to classify the merchandise. In a letter dated August 29, you have supplied that information.

The original letter contained four samples. SKU number 1856477, Gold Cording, is a three-ply cord in which each strand is composed of five single plies twisted, or plied, together; then each strand is covered by having approximately twenty gold-colored metallic strips, each under 5 mm in width, twisted around it. The Explanatory Notes to heading 5605 define metalized yarn as “yarn consisting of any textile material . . . combined with metal thread or strip.” Hence each strand is considered metalized yarn and the cord itself is considered to be of metalized yarn.

SKU 1856492, Multi Color Cording, is constructed in the same way, except that only one of the three plies is covered with the metallic strips; however, the definition above is still controlling in this situation.

SKU 1856568, Kraft Multi Ribbon, and SKU 1856555, Multi Metallic Ribbon, are both 100% polypropylene extruded foils; neither exceeds five mm in width. The Metallic Ribbon has apparently been coated or laminated with metal; the Kraft ribbon has not.

The applicable subheading for the Gold Cording and the Multi Color Cording will be 5605.00.9000, 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 13.9 percent ad valorem.

The applicable subheading for the Kraft Multi Ribbon will be 5404.90.0000, HTS, which provides for strip and the like of synthetic textile materials of an apparent width not exceeding 5mm. The duty rate will be two percent ad valorem.

The applicable subheading for the Multi Metallic Ribbon will be 5605.00.1000, HTS, which provides for metallized yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the forms of thread, strip or powder or covered with metal. The duty rate will be 10.5 percent ad valorem.

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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