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NY J85423




September 17, 2003

CLA-2-56:RR:NC:N3:351 J85423

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.50.3500, 5605.00.1000

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

RE: The tariff classification of a beaded cord and a metallic cord from Taiwan and China.

Dear Ms. Krupskas:

In your letter dated August 27, 2003, you requested a ruling on behalf of Horizon Fabrics on tariff classification.

You submitted samples of two cords. Item WXT3-647 (WXT3-2) is of three-strand twisted construction, approximately ¼” in diameter. Two strands are gimped, with a yarn wrapped (gimped) around a core of parallel yarns. The third strand is a yarn with small beads. You state the fiber content to be 50% acrylic, 30% polyester, and 20% rayon.

The applicable subheading for WXT3-647 will be 5607.50.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for twine, cordage, ropes and cables, of other synthetic fibers, not braided or plaited, other. The general rate of duty will be 20.7 cents per kilogram + 11.2 percent ad valorem.

The second sample is item WXT3-650 and it comes in two colors: WXT3-14044 is green and 14045 is red and blue. They are of a knit construction with metalized strips inserted into the loops, creating a chenille-like effect. The metalized strips are considered textile for tariff purposes. A thin wire is inside the knit yarn, enabling it to be shaped for decorative purposes.

You state that the fiber content is 50% acrylic, 15% wire, and 35% 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 is considered to be of metalized yarn.

The applicable subheading for this cord will be 5605.00.1000, HTS, which provides for metalized yarn, other. The general rate of duty will be 8.2 percent ad valorem.

Item WXT-3-647, the beaded cord, falls 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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