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NY K85342




April 29, 2004

CLA-2-63:RR:NC:N3:351 K85342

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889, 6003.30.1000, 5808.90.0090

Ms. Patty Kittel
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of textile fabrics from Taiwan.

Dear Ms. Kittel:

In your letter dated April 14, 2004, you requested a ruling on tariff classification. Your samples have been retained for our files.

You submitted five samples. Items 10726SD4 and 10727SD4 are knit fabrics, approximately 2½” wide with both edges finished with a capping of pressed foil; this finishing makes them “made up” for tariff purposes according to Note 7 to Section XI, Harmonized Tariff Schedule of the United States (HTS). The two items are identical except for color (gold and silver, respectively). They are said to be 55% metallic and 45% nylon. The metallic strips meet the dimensional requirements of man-made fiber (i.e., textile) strips contained in Section XI, Legal Note 1(g), HTS.

The applicable subheading for the knit items 10726SD4 and 10727SD4 will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem.

Item 10721SD4 is a knit fabric, 2½” wide, said to be of 95% PVC and 5% nylon. The PVC is in the form of strips that meet the dimensional requirements of man-made fiber strips contained in Section XI, Legal Note 1(g), HTS. The strips are arranged in five columns created by the knit nylon yarns; the strips criss-cross each column.

The applicable subheading for Item 10721SD4 will be 6003.30.1000, HTS, which provides for knitted or crocheted fabrics of a width not exceeding 30 centimeters, other than those of headings 6001 or 6002, of synthetic fibers, open-work fabrics, warp knit. The general rate of duty will be 14.1 percent ad valorem.

Items 10722SD4 and 10723SD4 are woven fabrics, approximately 2½” wide. They are identical except for color (silver and gold, respectively). They are said to be 95% metallic and 5% nylon. The metallic strips meet the dimensional requirements of man-made fiber strips contained in Section XI, Legal Note 1(g), HTS. The finished edge is augmented by sewing on ½” loops of the strip.

The applicable subheading for items 10722SD4 and 10723SD4 will be 5808.90.0090, HTS, which provides for ornamental trimmings in the piece, without embroidery, other than knitted or crocheted of other than cotton or man-made fibers. The general rate of duty will be 3.9 percent ad valorem.

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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