Mr. Michael R. Spano
Michael R. Spano & Co. Inc.
Custom House Brokers
190 McKee Street
Floral Park, N.Y. 11001
RE: The tariff classification of thread, decorative buttons, canvas for a hobby kit and a needlepoint embroidery kit from China or Taiwan
Dear Mr. Spano:
In your letter dated June 13, 1997 you requested a classification ruling on behalf of your client Handler Textile Corporation.
You have submitted the following samples:
1) The first sample you list as "Blended Thread #14" which you claim is thread for hobby needle point. It is unclear what the fiber content is as the card it is wound upon lists a fiber content different from that listed in the ruling request. It is also necessary to know wether the yarn composed of staple or continuous fibers. We cannot rule on this item without this information.
2) The second sample is listed as "Perle Satin" which you also indicate is thread for hobby needlepoint. It is 100% rayon and 30 yards long wrapped around a card. The yarn appears to be a 3-ply multifilament yarn.
3) The third sample is listed as "Faces for Places" which is three buttons with faces on them in an individual package. The buttons are man-made fiber with a metal backing and you indicate that they have a decorative use in needlepoint.
4) The fourth item listed as "True Colors" is supposed to be a needlepoint kit. In fact it is just a needlepoint fabric of 100% polyester and individually packaged. More information is required to classify this fabric including:
A) WHETHER THE FABRIC IS COMPOSED OF STAPLE AND/OR FILAMENT YARNS AND IF BOTH, THE PERCENTAGE OF EACH.
B) SPECIFY THE YARN SIZES IN THE WARP AND FILLING.
C) INDICATE WHETHER YARNS ARE HIGH TENACITY.
D) PROVIDE THE NUMBER OF TURNS PER METER IN EACH YARN.
E) FOR SPUN YARNS, INDICATE WHETHER COMBED OR CARDED.
F) FOR FILAMENT YARNS, SPECIFY WHETHER TEXTURED OR NOT TEXTURED.
G) INDICATE WHETHER FABRIC IS UNBLEACHED, BLEACHED, DYED, OF YARNS DIFFERENT COLORS, OR PRINTED.
H) SPECIFY HOW FABRIC IS WOVEN; FOR EXAMPLE PLAIN, TWILL, SATIN, OXFORD ETC.
I) INDICATE THE KIND OF MACHINE ON WHICH THE FABRIC IS WOVEN FOR EXAMPLE JACQUARD, SWIVEL, LAPPET, DOBBY ETC.
J) PROVIDE THE NUMBER OF SINGLE YARNS PER CENTIMETER IN THE WARP AND THE FILLING.
K) SUPPLY THE WEIGHT OF THE FABRIC IN GRAMS PER SQUARE METER.
L) PROVIDE THE WIDTH OF THE FABRIC IN CENTIMETERS.
5) The fifth item listed as "Danglers" is a needlepoint kit containing cotton fabric, 2 plastic sheets, cotton yarn, cardboard, graph and is supposed to have a needle and a hanger but they were not in the package. In order to classify this, the following information is required for the cotton fabric:
A) DISTINGUISH BY WEIGHT BETWEEN FILAMENT AND STAPLE FIBER IF BOTH PRESENT.
B) INDICATE IF FABRIC IS UNBLEACHED, BLEACHED, DYED, COMPOSED OF YARNS OF DIFFERENT COLORS, OR PRINTED.
C) PROVIDE THE NUMBER OF SINGLE THREADS PER CENTIMETER IN THE WARP AND FILLING.
D) PROVIDE THE WEIGHT OF THE FABRIC IN GRAMS PER METER SQUARED.
E) SPECIFY THE TYPE OF WEAVE, FOR EXAMPLE PLAIN, TWILL, OXFORD, SATEEN ETC.
F) SPECIFY THE TYPE OF MACHINE ON WHICH THE FABRIC IS WOVEN; IF WITH JACQUARD, IF WITH SWIVEL, IF WITH LAPPET, IF WITH DOBBY.
G) PROVIDE YARN SIZE OR SIZES IN BOTH THE WARP AND FILLING. INCLUDE WHETHER YARNS ARE SINGLE OR PLIED
H) STATE WHETHER YARNS ARE COMBED OR CARDED.
I) INDICATE WHETHER FABRIC IS NAPPED OR NOT NAPPED.
J) STATE WIDTH OF FABRIC.
The applicable subheading for the item "Perle Satin" will be 5406.20.0000 Harmonized Tariff Schedule of the United States (HTS), which provides for man-made filament yarn (other than sewing thread), put up for retail sale: artificial filament yarn. The rate of duty will be 11.4% ad valorem.
The item "Perle Satin" falls within textile category designation 200. Based upon international textile trade agreements products of Taiwan and China are subject to quota and the requirement of a visa.
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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
The applicable subheading for the decorative buttons will be 9606.29.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for buttons, press-fasteners and press-studs, button molds and other parts of these articles; button blanks: Buttons: Other: Other. The rate of duty will be 4% ad valorem.
We are returning your request for a classification ruling on items listed above, and any related samples, exhibits, etc., because of non-conformity with the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). When the information requested is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Jeff Konzet at 212-466-5885.
Paul K. Schwartz
Chief, Textiles & Apparel Branch