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NY J82792




April 7, 2003

CLA-2-56:RR:NC:N3:351 J82792

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.50.3500

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

RE: The tariff classification of cord with wire from Taiwan.

Dear Ms. Massey:

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

Item MXT12207 is composed of filament yarn mixed with a wire. One side is red yarn and the other is green; these are held in place by yarns crisscrossing the length of the wire. Every ¼” or so, the yarns are pulled, creating a puff effect, alternately red and green. The wire allows the yarns to be shaped for decorative purposes. The wire itself is not decorative.

Your Import Quote Sheet lists the classification as 5808.90.0010, HTS, which provides for ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; other; of man-made fibers. The Explanatory Note (EN) to this subheading states:

(4) Other ornamental trimmings in the piece. The heading also covers a variety of miscellaneous narrow width products in the length suitable for use in the ornamentation of apparel, furnishings, etc.

These are usually produced from ribbons or braids or the other products referred to above. They may be made by sewing or otherwise working one such product, or by assembling two or more of them together in an ornamental manner (e.g., ribbons or braids with ornamental borders or galloons or soutache braid; ribbons or braids with tassels or other ornamental effects inserted at intervals along the length, other than by appliqué embroidery work.

It appears that item MXT-12207 is not covered by this provision. The EN to heading 5607 states,

Textile yarn reinforced with metal thread is always classified here and differs from metallised yarn of heading 56.05 in that the metal strand is usually thicker and acts as a reinforcing agent only and not for any ornamental purpose.

The applicable subheading for this product will be 5607.50.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for twine, cordage, rope and cable; of other synthetic fibers; not braided or plaited; other. The general rate of duty will be 20.7 cents per kg + 11.2 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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