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NY K85343




April 22, 2004
CLA-2-58:RR:NC:TA:350 K85343

CATEGORY: CLASSIFICATION

TARIFF NO.: 5808.90.0010; 6003.30.1000

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

RE: The tariff classification of two ornamental trimmings and three narrow width, warp knit fabrics, from Taiwan.

Dear Ms. Kittel:

In your letter dated April 14, 2004, you requested a tariff classification ruling. Your samples are being returned as requested.

Five representative samples were submitted, which were identified as styles 10759SD4, 10760SD4, 10718SD4, 10719SD4 and 10720SD4, respectively.

Styles 10759SD4 and 10760SD4 are of a narrow width, about 2½", and are composed of what you indicate is a 40% metalic/40% polyester/20%nylon man-made fiber blend. Specifically, both of these materials are of woven construction, and have been hemmed along the edges with an overlay of a similar material. Additionally, both materials contain wires running along both sides. It is presumed that these materials will be imported in continuous lengths.

Styles 10718SD4, 10719SD4 and 10720SD4 are of a narrow, open work, warp knit construction, measuring about 2½" in width. Specifically, they are constructed from polyvinyl chloride plastic strips measuring less than 5 mm in apparent width, which renders them to be textile for tariff purposes. Additionally, there are nylon yarns running vertically along their length to secure the PVC (textile) strips in place. It is presumed that these three materials will be imported in continuous lengths. You provided the following weight specifications for the five materials:

10759SD4 40% metalic/40% polyester/20% nylon 10760SD4 40% metalic/40% polyester/20% nylon 10718SD4 85% PVC/15% nylon
10719SD4 85% PVC/15% nylon
10720SD4 85% PVC/15% nylon

The applicable subheading for styles 10759SD4 and 10760SD4 will be 5808.90.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for ornamental trimmings in the piece, without embroidery, other than knitted or crocheted, of cotton; of man-made fibers. The duty rate will be 3.9 percent ad valorem.

The applicable subheading for styles 10718SD4, 10719SD4 and 10720SD4 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 rate of duty will be 14.1 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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