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NY H87352




February 19, 2002

CLA-2-56:RR:NC:N3:351 H87352

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.1000, 5605.00.9000, 5808.10.7000, 5808.10.9000

Janet L. Telles
Global Compliance Manager
Smith International Enterprises, Ltd.
20600 Chagrin Blvd., Suite 200
Shaker Heights, Ohio 44122

RE: The tariff classification of twine, yarns, and trimmings from Hong Kong.

Dear Ms. Telles:

In your letter dated January 30, 2002, you requested a tariff classification ruling.

You submitted three groups of samples and state that they will be imported in rolls of 150 yards.

You have stated that certain of the items which are the subject of this ruling contain a percentage by weight of metalized yarns. Please note that a 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. We have not verified the fiber content through laboratory testing, and will assume that your stated fiber content is correct. Upon importation, however, if the fiber content is found by laboratory testing or other means to be different from that stated in this ruling, then this ruling does not apply.

In all cases where metallic strips are used, the strips meet the tariff definition for textile.

In group one are KS3, KS6, KS7, and KS9. They are described as polypropylene and metallic. KS3 and KS6 are braided yarns. KS3 has four polypropylene multifilament strands braided with two metallic strips. KS6 has four multifilament strands of polypropylene braided with four multi-ply strands of multifilament yarn gimped (that is, wrapped) with metallic strips. KS7 is a 3.5mm-wide flat braid with two braid cores braided together with nine gimped yarns; three of these yarns are metallic. KS9 is a 7mm-wide flat braid of three sets of three gimped yarns each; six of the yarns are metallic.

The second group includes KS1, 2, and 5. KS1 is a three-ply twisted yarn; each ply is approximately 15 multifilament strands of yarn gimped with metalized textile strip. KS2 is a braided yarn composed of multiple multifilament strands of textile and metallic textile strip. KS5 is a flat braided multifilament yarn gimped with metallic strip.

The third group is said to be of polypropylene. 146YP is a three-ply twisted cord measuring approximately 4mm in diameter. KS4 is a 2.5mm-wide flat braid with a slightly thicker yarn incorporated along both edges fashioned to give a slight picot edge. KS8 is a 4mm-wide flat braid similar to KS7 with a double core, but the braiding yarns are plain (not gimped), and there are no metallic yarns.

The applicable subheading for KS2 and 3 will be 5605.00.1000, 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: metal coated or metal laminated man-made filament or strip or the like, ungimped, and untwisted or with twist of less than 5 turns per meter. The duty rate will be nine percent ad valorem.

The applicable subheading for KS1, 5, and 6 will be 5605.00.9000, 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 applicable subheading for KS4 and 8 will be 5808.10.7000, HTS, which provides for braids in the piece; other; of cotton or man-made fibers. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for KS7 and 9 will be 5808.10.9000, HTS, which provides for braids in the piece; other; other. The rate of duty will be 5 percent ad valorem.

The applicable subheading for 146YP will be 5607.49.1500, HTS, which provides for twine, cordage, ropes and cables . . . of polyethylene or polypropylene, other, other, not braided or plaited, measuring less than 4.8-mm in diameter. The duty rate will be 7.2 percent ad valorem.

Those items classifiable in subheading 5605.00.9000, HTS, (that is, KS1, 5, and 6) fall within textile category designation 201. Based upon international textile trade agreements products of Hong Kong 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.

Your inquiry does not provide enough information for us to give a classification ruling on P2, WF#6, WF#5, UN#1 (both Pastel and Bright), and Multi Color Block. Your request for a classification ruling for P2, WF#6, WF#5, and UN#1 should include the weight of each with the support (spool, card, reel, etc.) in the 150-yard rolls on which you say they will be imported. For Multi Color Block we need to know on what type of machine it was made, whether it is a warp or weft knit, and the weight of the 150-yd. roll without the support.

When this information is available, you may wish to consider resubmission of your request. We are retaining the samples for our files. If you decide to resubmit your request, please include a copy of this letter.

In the future, please limit your requests to five items.

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 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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