The tariff classification of beaded metallic cord with tassels from India.

NY G87513 March 13, 2001 CLA-2-56:RR:NC:N3:351 G87513 CATEGORY: Classification TARIFF NO.: 5609.00.4000 Mr. Joseph R. Hoffacker Barthco Trade Consultants, Inc. 7575 Holstein Ave. Philadelphia, PA 19153 RE: The tariff classification of beaded metallic cord with tassels from India. Dear Mr. Hoffacker: In your letter dated February 21, 2001, you requested a ruling on behalf of Consolidated Stores, Inc. on tariff classification. You submitted a sample of a cord composed of three strands twisted together. One strand is a string of small pearl beads; the other two are metallic. There is a 3½” tassel composed of metallic yarn over cotton at each end. The overall length of the sample is 36”. You state the components to be “50% plastic beads, 20% metallic, 30% cotton.” This, however, is not the fiber content according to tariff definitions. Each metallic strand is composed of ten cotton yarns twisted together; each cotton strand is gimped (covered) with metallic thread. Please note that a yarn that contains any amount of metallic yarn 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. In this case, the cotton, which is covered by the metallic yarn, is considered to be metallic. Metallic yarns are considered “other fibers,” for purposes of classification at the six and eight digit levels. The pearl beads are not considered when determining the fiber in chief weight. Accordingly, the entire cord is considered to be metallic, thus “of other fibers.” The applicable subheading for this product will be 5609.00.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of yarn . . ., twine, cordage, rope or cables, not elsewhere specified or included: other. The general rate of duty will be 5.1 percent ad valorem. 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 212-637-7086. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division