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NY M84512




July 27, 2006

CLA-2-60:RR:NC:TA:352 M84512

CATEGORY: CLASSIFICATION

TARIFF NO.: 6003.90.9000

Mr. Joel Simon
Serko & Simon LLP
1700 Broadway, 31st Floor
New York, NY 10019

RE: The tariff classification of five warp knit trimming fabrics from China.

Dear Mr. Simon:

In your letter dated June 27, 2006, on behalf of your client The Horizon Group USA, Inc., you requested a classification ruling.

Five samples, designated as styles SKU # 399337, SKU # 399345, SKU # 399349, SKU # 399351 and SKU # 399353, accompanied your request for a ruling. All of the trimming items are identical in construction and materials and vary only in the color combinations used to achieve their decorative effect. Each of the items is a warp knit fabric composed of textile materials and metal wires. The textile components represent approximately 34% of the weight of the trimmings while the metal wire represents 66% of the weight. 58.8% of the textile components are metalized yarns while 41.2% are nylon monofilaments. Each of the trimming fabrics will be imported in 1 centimeter widths and will be packaged on cardboard spools holding 2.74 meters of material. The nylon monofilaments are warp knit while the metalized yarns form a weft insertion. The metal threads run along the length of the trimming and function to provide the trimming with the ability to hold its shape. Based on the fact that it is the textile materials that provide this trimming fabric both with its decorative appeal and the mechanism to form a fabric through the knitting process, it is the textile materials which impart these trimmings with their essential character.

The applicable subheading for the five trimming fabrics will be 6003.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knitted or crocheted fabrics of a width not exceeding 30 centimeters, other than those of heading 6001 or 6002, other, other. The duty rate will be 6.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

All five warp knit trimming fabrics fall within textile category designation 899. At the present time goods that fall within this textile category designation are not subject to either quota restraints or visa requirements. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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