CLA-2-58:RR:NC:TA:350 K86020

Mr. Khem Lall
Federated Merchandising Group
11 Penn Plaza
New York, NY 10001

RE: The tariff classification of one knit fabric, one pile fabric and a decorative trimming, from Taiwan.

Dear Mr. Lall:

In your letter dated May 6, 2004, you requested a classification ruling. The supplier is Taiwan Novelty Limited, Taipei, Taiwan.

Three representative narrow width items were submitted which were identified as stylesTN40320642, TN30510642 and YN40147642, respectively.

The first item, style TN40320642, consists of a narrow width material measuring about 7 cm wide. This material is stated to have been made on a crochet-knitting machine leaving an open mesh with metallic strips inserted into rows with an oval shaped design. You state in your letter that this material is composed of 85% metallic and 15% nylon man-made fibers, by weight.

The second item, style TN30510642, consists of a narrow width fabric measuring about 6 cm in width. This material is composed of one layer of woven metallic/nylon man-made fibers having an overlay of knit velour (pile) material on the other side. This material also has a wired edge with a gold colored metallic overlock. The woven “metallic” layer is composed of a blend of metallic and nylon man-made fibers while the knit velour material is composed wholly of polyester man-made fibers. Overall, you indicate that this material is 65% polyester/20% metallic/15% nylon, by weight. This material was informally weighed and was found to weigh approximately 259 grams per square meter.

The third and final item, style YN40147642, consists of a decorative narrow width material composed of 100% polyester nonwoven man-made fibers. This material has been hemmed along the edges with an overlay of another metallic-like material and contains wires running along both sides. Additionally, this material has been printed with a fruit shaped design over which is an application of faux metal-flake glitter. This material measures about 2½" in width and it is presumed that it will be imported in continuous lengths along with the other two items mentioned above.

The applicable subheading for style TN40320642 will be 6003.90.1000, Harmonized Tariff Schedule of the United States (HTS) which provides for … other knitted or crocheted fabrics, .. of a width not exceeding 30 cm , … open work, warp knit. The duty rate is 14.1 percent ad valorem. The applicable subheading for style TN30510642, will be 6001.92.0030, HTS, which provides for … other pile fabrics, of man-made fibers, not over 271 grams per square meter, … velour. The duty rate is 17.2 percent ad valorem.

The applicable subheading for style YN40147642 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. Item TN30510642 falls within textile category designation 224. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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
Specialist Division