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NY J82795




April 4, 2003

CLA-2-56:RR:NC:N3:351 J82795

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 three samples of your Vendor Style # MXT-12225, designated A-C. You state the fiber content to be 60% acrylic, 40% metallic.

They are metalized cords each composed of three strands. In all cases, all three strands are composed of acrylic gimped with metallic strip. The metallic strip is considered textile for tariff purposes. 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. MXT-12225 is considered to be 100% metallic.

The only difference among the three is color: sample A is silver, B is blue, and C is gold and silver.

Your Import Quote Sheet shows the classification as subheading 5660.00.0090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Since there is no such provision, we assume this to be a typographical error and that you mean 5606.00.0090, HTS, which provides for 5606.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for gimped yarn,..., other. However, the Explanatory Notes to heading 5606 exclude gimped metalized yarn.

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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