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NY M84513




July 5, 2006

CLA-2-56:RR:NC:N3:351 M84513

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.9000, 5808.10.9000

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

RE: The tariff classification of metallic braid and twisted metallic cord from China

Dear Mr. Simon:

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

The four submitted samples are identified as “Trim it Up” items that are marketed for retail sale on cardboard spools that measure approximately 3¼” in diameter and hold lengths of decorative cord and/or braid marketed for craft projects and gift wrapping.

Two of the samples are SKU# 399513 (38% acrylic/38% cotton/24% metallic) and SKU# 399523 (75% acrylic/25% metallic). Each is a decorative three-ply twisted cord. Each ply has a core of yarns that is gimped, or wrapped, with metallic strips; the strips meet the dimensional requirements of man-made fiber textile strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS).

On 399523, one of the gimping strips (white) may be plastic, but not metallic. Please note that a yarn that contains any amount of metal is regarded in its entirety as metalized yarn for tariff purposes. Thus, both decorative twisted cords 399513 and 399523 are considered to be metalized yarns.

The applicable subheading for SKU#s 399513 and 399523 will be 5605.00.9000, HTSUS, which provides for metalized yarn, whether or not gimped, being textile yarn, combined with metal in the form of thread, strip, or powder or covered with metal: Other. The rate of duty will be 13.2% ad valorem.

Subheading 5605.00.9000, HTSUS, falls within textile category designation 201. 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.

The other two samples are SKU# 399623 (50% metallic/50% cotton), SKU# 399624 (70% nylon/30% metallic), which are made of braided metallic strips with a core of staple fiber yarn. Heading 5605, HTSUS, does not include braided construction.

The applicable subheading for SKU#s 399623 and 399624 will be 5808.10.9000, HTSUS, which provides for braids in the piece, other, other. The rate of duty will be 4.2% 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/.

The samples will be returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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