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NY J82791




April 4, 2003

CLA-2-56:RR:NC:N3:351 J82791

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.9000

Ms. Yolanda S. Massey
Import Manager
Michaels
8000 Bent Brush Drive
Irving, TX 75063

RE: The tariff classification of decorative metalized yarn from Taiwan.

Dear Ms. Massey:

In your letter dated March 21, 2003, you requested a ruling on tariff classification.

You submitted four samples of your Vendor Style # MXT-12206, designated A-E. They are metalized cords each composed of three strands mixed with metallic strip. The strip is considered textile for tariff purposes. The three strands are twisted together to form the finished yarn. 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.

Sample A is composed of two strands of white gimped yarns and one strand of gold colored metallic yarn that is made up of four gimped metallic plies. Sample B is of the same construction but with a red and white instead of two white yarns. You state the fiber content to be 55% acrylic, 20% rayon, 25% metallic.

Sample C is composed of three strands, one of which is the same gold metallic gimped yarn as above. The other two are twisted red yarns with a metallic filament adding an appearance of glitter. Sample D has the same red and gold strands but the third is a green gimped yarn. Sample E is the same as C but with maroon instead of red strands. You state the fiber content to be 75% nylon and 25% metallic.

All styles of MXT-12206 are considered 100% metallic.

Your Import Quote Sheet shows the classification as subheading 5607.50.3500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for twine, cordage, rope and cable; of other synthetic fibers; not braided or plaited; other. However, the Explanatory Notes (EN) to heading 5607 exclude “fancy cords as used by confectioners, florists, etc., of 5605.”

Further, the EN to heading 5605 state,

The heading covers multiple (folded) or cabled yarn containing plies of the yarn referred to above (e.g., fancy cords as used by confectioners, obtained by twisting together two or more metalized yarns as described above).

Another suggested classification is subheading 5606.00.0090, HTS, which provides for gimped yarn,..., other. However, the EN to heading 5605 specify that metalized yarns may be gimped.

The applicable subheading for this product 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 general rate of duty will be 13.4 percent ad valorem.

This product falls within textile category designation 201. Based upon international textile trade agreements products of Taiwan are currently 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 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.).

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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