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NY J84184




September 16, 2003

CLA-2-56:RR:NC:N3:351 J84184

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 26, 2003, you requested a ruling on behalf of Horizon Fabrics on tariff classification.

You submitted samples of metallic cords. Item WXT3-643 (WXT3-14021) is a twisted cord, approximately 3/16” in diameter. You state that the fiber content is 55% polypropylene and 45% 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 WXT3-644 (WXT-3) and has a braided construction. It is also 3/16” in diameter. It has a listed fiber content of 46% polyester, 37% rayon, and 17% metallic, but is considered to be of metalized yarn.

The next four cords (WXT3-646) are all the same except for color (WXT3-14016, green; WXT3-14017, red; WXT3-14018, gold; WXT3-14019, white). They are three-strand, twisted cords, approximately 1/8” in diameter. The fiber content is listed as 35% polyester, 35% metallic, 30% jute, but they are 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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