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NY J83537





April 15, 2003

CLA-2-55:RR:NC:N3:351 J83537

CATEGORY: CLASSIFICATION

TARIFF NO.: 5406.10.0040, 5402.62.0000, 5605.00.9000

Ms. Carol Ritchings
Import Manager
Conair Corp.
150 Milford Road
East Windsor, NJ 08520

RE: The tariff classification of polyester thread and polyester thread mixed with metalized strip, from China.

Dear Ms. Ritchings:

In your letter dated April 8, 2003, you requested a ruling on tariff classification.

You submitted samples of two yarns for your Quick Wrap Hair Art. We note that the Quick Wrap itself was the subject of New York Ruling I86698; these yarns are to be imported separately as replacement parts. Both yarns will be imported on spools or loosely wound in plastic bags. There is no indication that either yarn is dressed for sewing thread.

The first yarn is a 100% polyester multifilament, multicolored, twisted yarn on a plastic spool. We have weighed the spool of yarn and find it to be approximately 85 grams.

The applicable subheading for the 100% polyester multicolored yarn on a plastic spool or loosely wound, if it weighs 85 grams or less, will be 5406.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for man-made filament yarn (other than sewing thread), put up for retail sale, of polyesters. The general rate of duty will be eight percent ad valorem.

The applicable subheading for the same yarn, if its weight is greater than 85 grams, will be 5402.62.0000, HTS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, other yarn, multiple (folded) or cabled; of polyesters. The general rate of duty will be 7.7 percent ad valorem.

The other yarn is a similar multifilament yarn mixed with a metalized nylon 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. This yarn is considered to be 100% metallic.

The applicable subheading for the metalized yarn 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.

Yarns that are classified in subheading 5406.10.0040 fall within textile category designation 200, and yarns that are classified in subheading 5605.00.9000 fall within textile category designation 201. Based upon international textile trade agreements such products from China 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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