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NY I88791




February 12, 2003

CLA-2-56:RR:NC:N3:351 I88791

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000

Mr. Roger M. Golden
Fenwick & West LLP
Suite 200
815 Connecticut Ave. N.W.
Washington, DC 20006

RE: The tariff classification of decorative trim from South Africa.

Dear Mr. Golden:

In your letter dated November 20, 2002, you requested a ruling on behalf of Castellano-Beltrame (Pty) Ltd., of South Africa on tariff classification. Article 80278/50 was sent to the Customs Laboratory for analysis. According to the lab, it is of a construction other than woven, knit, crocheted, or non-woven.

The item is two inches wide. It is composed of various yarns, chenille (70%) and acrylic (30%). You describe the chenille yarns as cotton, rayon, acrylic, and polypropylene. We assume from this that the item is in chief weight manmade fibers. The yarns run back and forth, folding over at each edge, and are held in place only at the edges, with rows of stitching. Thus, this item is not a fabric, but a gathering of yarns.

The applicable subheading for this product will be 5609.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Articles of yarn, . . . twine, cordage, . . . not elsewhere specified or included: . . . Of man-made fibers.” The general rate of duty will be five 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 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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