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NY N003334




November 30, 2006

CLA-2-58:RR:NC:TA:350

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.9000; 5806.32.2000; 5806.39.3020

Ms. Holly VanDeusen
Darice®
13000 Darice Parkway, Park 82
Strongsville, OH 44149-3800

RE: The tariff classification of four narrow woven fabrics and one chenille yarn, from China.

Dear Ms. VanDeusen:

In your letter dated August 11, 2006, on behalf of Lamrite West Inc., you requested a classification ruling.

Please note that while you write that the country of origin for these products will be China, the instant samples are marked made in Taiwan. We will presume the samples are prototypes and treat this as an importation from China.

You submitted a sample card containing five individual samples, which are identified as a party pack ribbon for scrap booking (Finishing Accents 1034-79).

The first item two items, identified as piece 1 and 2, consist of narrow woven fabrics measuring about ¼" in width. These fabrics are both composed of 100% nylon man-made fibers.

The third item, identified as piece 3, consists of a narrow woven fabric measuring about ¼" in width which is composed of a 50% nylon/50% lurex blend.

The fourth item, identified as piece 4, consists of a narrow woven material measuring about 1" in width. It is composed of a 90% nylon/10% lurex blend.

The fifth sample, identified as piece 5, which you call a decorative cord, is a chenille yarn. It is a knit yarn with chenille insertions. You have not stated the fiber content but it contains metalized strips. The strips meet the dimensional requirements of man-made fiber textile strips contained in Section XI, Legal Note 1(g), HTSUS.

Please note that a yarn 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 yarn is considered to be 100% metallic.

The applicable subheading for the items 1,2 and 4 will be 5806.32.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other narrow woven fabrics, Of man-made fibers. The rate of duty will be 6.2 percent ad valorem.

The applicable subheading for item 3 will be 5806.39.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other narrow woven fabrics, . . . of other textile materials, . . . of metallized yarn. The rate of duty is Free.

The applicable subheading for the metalized yarn (item 5) 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 general rate of duty will be 13.2% ad valorem.

Subheading 5605.00.9000, HTSUS, falls within textile category 201 while subheadings 5806.32.2000 and 5806.39.3020 fall within category 229.

Please note that with the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at www.otexa.ita.doc.gov.

It is the opinion of this office that this is not a set for tariff purposes. The Explanatory Notes, which constitute the official interpretation of the Harmonized Tariff Schedule of the United States Annotated (HTSUS) at the international level, state in Note X to Rule 3(b) that the term "goods put up in sets for retail sale" means goods which:
consist of at least two different articles which are, prima facie, classifiable in different headings;

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

(c) are put up in a manner suitable for sale directly to users without repacking.

The set fulfills the requirements of (a) and (c) above, but we believe that it fails (b). The function of each part does not join that of the others in a way that might be interpreted as meeting a particular need or carrying out a specific activity. The item identified as piece 1, for instance, may be used without the item identified as piece 2. The item identified as piece 5, may be used by itself. The needs and activities are entirely independent of each other. This is a collection of related items, but is not a set for tariff purposes; therefore, each item will be separately classified.

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,
National Commodity

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