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NY J84177




September 17, 2003

CLA-2-56:RR:NC:N3:351 J84177

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.9000

Ms. Carol Krupskas
Kamino/KAT Import Brokers
Airport Ind. Office Park Bldg. B4A
Valley Stream, NY 11581

RE: The tariff classification of metallic cords from Taiwan and China.

Dear Ms. Krupskas:

In your letter dated August 25, 2003, you requested a ruling on behalf of Horizon Fabrics on tariff classification.

You submitted samples of metallic cords. Item WXT3-641 comes in three colors: (WXT3-14005 is white and gold metallic; 14006 is white and silver metallic; 14007 is blue and silver metallic). All are of a two-strand twisted construction, approximately ¼” in diameter. Each strand has a thin wire in it to allow the cord to be shaped for decorative purposes.

You state that the fiber content is 60% acrylic, 20% wire, 10% polyester, and 10% metallic. 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 cord, and all the cords that are the subject of this ruling, are considered to be of metalized yarn.

The second item is WXT3-642 (WXT-3-4701 is white with metallic yarn and 4702 is blue with metallic). They are two-strand, twisted, and approximately 1/8” in diameter. The listed fiber content of 95% nylon and 5% metallic but is considered to be of metalized yarn.

The applicable subheading for these products will be 5605.00.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for metalized yarn, other. The general rate of duty will be 13.4 percent ad valorem.

These products fall within textile category designation 201. Based upon international textile trade agreements products of Taiwan and 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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