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NY J88747

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October 1, 2003

CLA-2-83:RR:NC:N1:113 J88747

CATEGORY: CLASSIFICATION

TARIFF NO.: 8306.29.0000; 3926.90.4000; 6702.90.6500; 6702.90.3500; 5605.00.9000; 5806.32.1090; 5406.10.0090; 7018.10.5000

Ms. Evi K. Binder
Westrim Crafts
P.O. Box 7381
Van Nuys, CA 91409-7381

RE: The tariff classification of craft accessories from China and Taiwan

Dear Ms. Binder:

In your letter dated Sept. 11, 2003, you requested a tariff classification ruling.

The five samples you submitted are an assortment of craft accessories used for making scrapbooks, jewelry, and other decorative articles. The country of origin of all of the articles is China except the bead thread, which is made in Taiwan. The first item, number 28487, is a Mixed Accent Kit in a blue color scheme. It contains 4 yards of wire, 40 acrylic jewels, 8 paper roses, 8 polyester flowers, 42 plastic buttons, 1 yard of metallic yarn, 1 yard of polyester ribbon, and 15 grams of glass beads. All pieces are stored in a fitted plastic box. For tariff purposes, each item in the kit will be classified individually.

The applicable subheading for the acrylic jewels will be 3926.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plasticsimitation gemstones. The rate of duty will be 2.8 percent ad valorem.

The applicable subheading for the paper roses will be 6702.90.6500, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial flowers, foliage and fruit and parts thereof, articles made of artificial flowers, foliage or fruit, of other materials, other, other. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the polyester flowers will be 6702.90.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial flowers, foliage or fruit and parts thereof, articles made of artificial flowers, foliage or fruit, of other materials, other, of man-made fibers, other. The rate of duty will be 9 percent ad valorem.

The applicable subheading for the metallic yarn will be 5605.00.9000, Harmonized Tariff Schedule of the United States (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 rate of duty will be 13.4 percent ad valorem.

The metallic yarn falls within category designation 201. Based upon international textile trade agreements, products of China are 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 negotiations 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.

The applicable subheading for the polyester ribbon will be 5806.32.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for natural woven fabrics, other than goods of heading 5807, narrow fabrics consisting of warp without weft assembled by means of an adhesive, other woven fabrics, of man-made fibers, ribbons, other. The rate of duty will be 6.3 percent ad valorem.

The applicable subheading for the glass beads will be 7018.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass beads, imitation pearls, imitation precious or semiprecious stones and similar glass smallwares, other. The rate of duty will be free.

We are unable to provide classification advice on the wire and buttons without additional information. Your letter states that the wire is made of steel. However, it does not attract a magnet so it is likely made of another metal. Please identify this metal. The classification of the plastic buttons depends upon the chemical composition of the plastic itself. Are the buttons made of casein, acrylic resin, polyester resin or a combination of acrylic and polyester resin, or another plastic?

The next two articles are Baby Charms (item number 39581) and Wish Charms (item number BM55685). Both are made of base metal. There are 8 baby charms in such shapes as rattles, safety pins and bassinets. The 10 wish charms are small ovals with loops and the word “wish” inscribed upon them.

The applicable subheading for the baby charms and wish charms will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for statuettes and other ornaments, and parts thereof, of base metal. The rate of duty will be free.

The next article is bead thread (item number 899) from Taiwan. The thread is a filament yarn made of 100 percent nylon.

The applicable subheading for the bead thread will be 5406.10.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for man-made filament yarn (other than sewing thread), put up for retail sale, synthetic filament yarn, other. The rate of duty will be 8 percent ad valorem.

The bead thread falls within category designation 200. Based upon international textile trade agreements, products of Taiwan are 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 negotiations 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.

The last article consists of Glass Starfish Charms (item number BM55895). In order to issue a ruling regarding the glass starfish charms, please submit the additional information indicated below.

Describe the precise method of manufacture for this item including the coloring process. Each step in the manufacturing process should be fully described.

Is this product produced by the lampworked method (i.e., small glass rods melted and shaped over a flame)? If so please explain fully. If you believe the product is lampworked, a video (or at least photographs) depicting the process of lampworking would be helpful.

Describe how this product is colored. Is a genuine source of color (e.g., a pigment or a dye) inserted into the glassware prior to solidification? If so please explain the process and indicate the precise chemical or mineral name of the source of color.

Is the color produced in another manner? Please explain. Is the item simply painted on the surface? Is the color produced from recycled glass?

Does this article contain numerous bubbles, seeds or stones located throughout the mass of the glass? Does this article contain any refining agents (e.g., antimony or arsenic oxides or dioxides) that stifle the formation of bubbles, seeds or stones? If so, please identify these agents.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include the glass charms, buttons, and wire that we have returned to you and mail your request to the Bureau of Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the ruling, contact National Import Specialist James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 3926.90.40 - Imitation gemstones, of plastics
• Tariff No.: 5406.10.00 - Synthetic filament yarn (except sewing thread), put up for retail sale
• Tariff No.: 5605.00.90 - Metalized textile yarn nesoi, of man-made monofilament or strip or the like, other than ungimped or w/twist of < 5 turns per meter
• Tariff No.: 5806.32.10 - Woven ribbons of man-made fibers, not pile, not cont by wt 5% or more of elastomeric yarn or rubber
• Tariff No.: 6702.90.35 - Artificial flowers/foliage/fruit & pts thereof; articles of artif. flowers, etc.; all the foregoing of man-made fibers
• Tariff No.: 6702.90.65 - Artificial flowers/foliage/fruit & pts thereof; articles of artif. flowers, etc.; all the foregoing of materials o/than plast./feath./mmf
• Tariff No.: 7018.10.50 - Glass beads (o/than imitat. pearls) & similar glass smallwares, nesoi
• Tariff No.: 8306.29.00 - Base metal statuettes and other ornaments not plated w/prec.metal, and base metal parts thereof