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NY J88353




October 16, 2003

CLA-2-50:RR:NC:N3:351 J88353

CATEGORY: CLASSIFICATION

TARIFF NO.: 5006.00.1000, 5007.20.00

Ms. Jennifer Ashley Taylor
Taylored Needle Arts
2921 Wilderness Blvd. East
Parrish, FL 34219-9275

RE: The tariff classification of silk thread and silk fabric from Japan.

Dear Ms. Taylor:

In your letter dated Sept. 5, 2003, you requested a ruling on tariff classification.

You submitted two samples. One is a multifilament silk thread that our laboratory has analyzed as having a weight of 0.0285 grams per meter and a resulting decitex of 285.5. You stated in a telephone conversation with National Import Specialist Mitchel Bayer that the thread is not made of silk waste and that it will be imported in 20-, 30-, and 40-meter lengths on tubes. The 30- and 40-meter lengths meet the tariff definition of “put up for retail sale.”

The applicable subheading for the silk thread in 30-meter and 40-meter lengths will be 5006.00.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for silk yarn, put up for retail sale, containing 85% or more by weight of silk. The general rate of duty will be 0.5 percent ad valorem.

The second sample is woven silk fabric that you refer to as Nishigin silk. While the sample is only one inch in width, you stated on the telephone that the fabric will be imported in widths exceeding 30 centimeters.

The applicable subheading for the silk fabric exceeding 30 centimeters in width will be 5007.20.00, HTS, which provides for woven fabrics of silk or of silk waste, other fabrics, containing 85 percent or more by weight of silk or of silk waste, other than noil silk. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on the 20-meter lengths of silk thread. Your request for a classification ruling should include the weight of the thread as imported on the tube or a sample that we can weigh. When this is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please refer to this letter or include a copy of it.

We are retaining the samples for our files.

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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