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NY G83645




November 13, 2000

CLA-2-58:RR:NC:TA:350 G83645

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000; 5808.90.0010; 6307.90.9989

Mr. Roger M. Golden
Fenwick & West LLP
1920 N Street NW#650
Washington, DC 20036

RE: The tariff classification of milanese cord, tassels, tiebacks and similar trimmings, from South Africa.

Dear Mr. Golden:

In your letter dated October 6, 2000, which is a follow-up to your prior letter, on behalf of Castellano-Beltrame (Pty), East London, South Africa, you requested a classification ruling.

You submitted four display cards labeled 1, 2, 3, and 4, respectively, which contain the various items that you intend to import. These items are all constructed of various blends of man-made fibers (rayon, acrylic, polypropylene and polyester) and cotton, respectively.

The first two cards (#1 and #2) each contain two representative samples of “cord” (imported in rolls) which are intended to be used in the manufacture of drapery tiebacks after importation. They both consist of four or more strands of gimped yarns and twisted yarns which are all twisted together forming a single “cord”. The cords on Card #1 measure about 1 inch in diameter while those on Card #2 measure about ½ inch. These items are considered to be milanese cords. The varying blends of cotton and man-made fibers will not affect the classification under subheading 5808.90. Tassels, per se, by themselves, with or without a wood core (as represented on card 4) are classifiable as Tassels under 5808.90.

Card #3 consists of a one inch wide narrow knit fabric that has been further worked by attaching 2 inch long tassel-like bundles of twisted yarn every two inches along one edge of the fabric. Since this is a further manufacture of the knit fabric, the resulting product is considered to be a made-up article within the purview of Section XI, note 7.

Finally, Card #4 contains two different drapery tiebacks consisting of a cord and two tassels. The cord is considered to be a milanese type and the tassel portion contains a wooden head wrapped in textile and fringe measuring about 6 inches in length.

The applicable subheading for the milanese cords on Cards 1 and 2 and tassels by themselves, will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; and tassels: other, of cotton; of man-made fibers. The duty rate will be 5.5 percent ad valorem.

The applicable subheading for the fringed narrow knit on Card #3 will be 6307.90.9989, HTS, which provides for other made-up textile articles. The duty rate is 7 percent ad valorem.

The applicable subheading for the products displayed on Card #4, are drapery tiebacks consisting of a double loop milanese cord and tassels. Heading 5609 provides for articles of cord (of heading 5607). This cord, per se, is of a milanese construction (5808), which would negate consideration under 5609. However, by virtue of GRI 4 which reads “Goods which cannot be classified in accordance with the above Rules, i.e., GRI’s 1, 2 and 3, shall be classified under the heading appropriate to the goods to which they are most akin.” Because of the nature of the tieback, this cord is considered akin to the type of cords normally associated with heading 5607. As such, classification would be considered in subheading 5609.00.3000, HTS, which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included.

In the phone conversation with this office, you also expressed interest in the Textile Fiber Products Act, which is administered by Customs on behalf of the Federal Trade Commission. This act is under 15 U.S.C. 70, 72 Sat. 1717.

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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