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NY H86868




January 23, 2002

CLA-2-58:RR: NC:TA:350 H86868

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.61.0000; 5406.10.0090; 5808.10.9000

Ms. Deborah Daniels
AA Importing Inc.
6760 Hopkins Road
Mentor, OH 44060

RE: The tariff classification of three “cord-like” items for decorative uses such as making bows, tying packages and attaching items to Christmas Trees and wreaths, etc., from Taiwan.

Dear Ms. Daniels:

In your letter dated December 26, 2001, you requested a classification ruling. The suppliers are Shih Keh Enterprise Company and Shin Hung Enterprise Co., Taiwan.

You submitted three representative samples identified as styles W14788, W12798 and W12799.

The first item, style W14788, listed as “Rainbow Cord,” is a decorative textile yarn composed of 100% nylon man-made fibers. It is a single multifilament yarn in which the monofilaments appear to be intertwined with a different sort of single multifilament that, when pulled, allows the yarn to unravel for decorative purposes. This cord measures about 1/10" in diameter. It will be imported in rolls measuring 50 yards in length; you have not given us a sample in the imported condition (that is, on its spool or other form of support) nor have you told us the weight in such condition.

The second item, style W12798, consists of a single metallic braid (tubular) containing a textile core composed of a single textile braid stated to be of nylon man-made fibers. (Tests indicate the fibers to be of man-made other than nylon). This braid measures about 1/8" in diameter, overall. You indicate that it will be imported in rolls measuring 10 yards in length. This style is stated to be 65% nylon man-made fibers and 35% metallic, by weight, respectively. Note, though, the outer sheath or braid is 100% metallic and the core is 100% man-made fibers.

The third item, style W12799, consists of a tubular metallic braid of similar construction to that of style W12798, having a core consisting of 3 individual textile braids. This braided material measures about 1/4" overall in diameter and you indicate that it will be imported in rolls measuring 10 yards in length. This style is also stated to be 65% nylon man-made fibers and 35% metallic, by weight, respectively. Note, though, the outer sheath or braid is 100% metallic and the core is 100% man-made fibers.

With respect to styles W12798 and W12799, please note that a yarn that contains any amount of metal is regarded in its entirety as "metalized yarn" for tariff purposes. Thus, since the sheath or outer braid covering is of 100% metallic, no fiber content consideration may be given to the content of the core yarns. Thusly, while these two materials are predominately of textile man-man fibers, they are considered to be entirely of metalized yarn for classification purposes.

For style W14788, if the weight with the support exceeds 85 grams, the applicable subheading will be 5402.61.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other synthetic filament yarn, not put up for retail sale, other yarn, multiple (folded) or cabled, of nylon . . . . The duty rate will be 7.8 percent ad valorem. If the weight with the support is 85 grams or less, the applicable subheading will be 5406.10.0090, HTS, which provides for man-made filament yarn (other than sewing thread), put up for retail sale: synthetic filament yarn . . . other. The duty rate is 8.6 percent ad valorem.

The applicable subheading for styles W12798 and W12799 will be 5808.10.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for braids in the piece, of other than cotton or man-made fibers. The duty rate is 5 percent ad valorem.

Merchandise classifiable in subheading 5402.60.0000 falls within textile category designation 606. Merchandise classifiable in subheading 5406.10.0090 falls within textile category designation 200. Based upon international textile trade agreements products of Taiwan in these two categories are subject to quota and the requirement of a visa. There are presently no textile restraints for styles W12798 and W12799.

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 George Barth at 646-733-7085.

Sincerely,

Robert B. Swierupski
Director,

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