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NY K80653




December 12, 2003
CLA-2-58:RR:NC:3:350 K80653

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0090, 5806.32.1090, 5808.90.0010

KAT Import Brokers
Airport Industrial Office Park Bldg. B4A
145th Avenue at Hook Creek Blvd.
Valley Stream, New York 11581

RE: The tariff classification of ribbon, yarn, and a trimming from China

Dear Ms. Krupskas:

In your letter dated November 10, 2003, on behalf of Horizon Fabrics, you requested a tariff classification ruling. The samples are being returned as requested.

There were four samples submitted with your letter. These products will be imported in at least 15’ lengths.

Item MR4-042B is described as a wired tinsel trim that is 10% wire, 60% polyester, and 20% nylon. Regarding the inclusion of non-textile components, such as wire, in the weight of a textile item, please note that separate Federal Trade Commission marking requirements exist regarding fiber content and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

The wire serves as the core of this yarn with numerous untwisted plies; this core is wrapped (gimped) with a yarn composed of twisted or looped filaments in which plasticized strips are held, creating a chenille effect.

The applicable subheading for MR4-042B will be 5606.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn); loop wale-yarn...other. The rate of duty will be 8.4 percent ad valorem. In 2004, the rate of duty will be 8%.

Merchandise that is classified in subheading 5606.00.0090, HTS, falls within textile 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 renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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.

Item MR4-042C, appears to be composed of a gimped yarn and a braided fabric. It appears to be held together by a running stitch. Your letter states this item is 100% nylon.

The applicable subheading for MR4-042C will be 5808.90.0010, HTS, which provides for Braids in the piece; ornamental trimmings in the piece, without embroidery, other than knitted or crocheted; tassels, pompons and similar articles: other of cotton; of man-made fibers. The rate of duty in 2003 will be 4.3 percent ad valorem. The rate of duty in 2004 will be 3.9%.

Item MR4-042D, is described in your letter as a woven sheer nylon wire- edged ribbon that is 1½ inch wide.

The applicable subheading for the MR4-042D woven ribbon will be 5806.32.1090, HTS, which provides for narrow woven fabrics, other than goods of heading 5807; narrow fabrics consisting of warp without weft assembled by means of an adhesive (boulducs): other narrow fabrics: of man-made fibers: ribbons other. The rate of duty in 2003 will be 6.3 percent ad valorem. The rate of duty in 2004 will be 6%.

Your inquiry does not provide enough information for us to give a classification ruling on MR4-042A. Your request for a classification ruling should include the manufacturing process, specifically the type of machine (knitting, braiding, etc.) on which it is made. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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

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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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