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NY K81057




December 12, 2003
CLA-2-56:RR:NC:3:350 K81057

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.0090, 5806.32.1090, 6003.30.6000

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 metalized yarn and ribbon 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.

The first sample, MR4-040A, is a narrow knitted fabric characterized by loose loops of yarn creating an unkempt appearance. Your letter indicates this product is 82% polyester and 18% nylon.

The applicable subheading for MR4-040A will be 6003.30.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for knitted or crocheted fabrics of a width not exceeding 30cm, other than those of heading 6001 or 6002: of synthetic fibers: other. The rate of duty for 2003 will be 7.7 percent ad valorem. The rate of duty for 2004 will be 7.6 percent ad valorem.

The second sample, MR4-040B, is a five-strand twisted cord. Four of the plies are gimped yarns, said to be polyester. The fifth is a metallic chenille yarn. You state the fiber content to be 80% polyester, 20% metallic. However, please note that a yarn or cord 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 MR4-040B will be 5605.00.0090, 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 in 2003 will be 13.4 percent ad valorem. The rate in 2004 will be the same.

This product falls within textile category designation 201. Based upon international textile trade agreements products of 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.

The third sample, MR4-040C, is described in your letter as a knitted burgundy trim that is comprised of 86% rayon and 14% metallic. We are unable to classify this product without the following additional information:

1. What kind of machine was this product manufactured on?

2. Are the loop stitches on the edge made on a sewing machine?

3. How were the weft yarns inserted?

4. How were the yarns added that are not part of the weave (i.e. in the warp direction)?

The fourth sample, MR4-040D, is a ¾ inch woven ribbon that is 100% polyester.

The applicable subheading for the woven ribbon will be 5806.32.1090, Harmonized Tariff Schedule of the United States (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 percent ad valorem.

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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