HQ 082036: Classification of synthetic metalized yarns

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 082036

                                   October 3, 1988

          CLA-2 CO:R:C:G  082036  CMR

          CATEGORY:  Classification

          TARIFF NO.:  5605.00.0000; 310.6055

          Mr. Andras Bende
          Bende & Sons, Inc.
          180 Autumn Street
          Passaic, New Jersey  07055

          RE:  Classification of synthetic metalized yarns

          Dear Mr. Bende:

              This ruling is in response to your letter of March 24, 1988,
          requesting the tariff classification of synthetic metalized yarns
          from Japan.

          FACTS:

              You have requested that we classify the submitted synthetic
          metalized yarns in item 312.3000, Tariff Schedules of the United
          States Annotated (TSUSA), since the military is allowing their
          use as an option in place of all metallic yarn which is
          classified in item 312.3000, TSUSA.  The synthetic metalized
          yarns are used in the manufacturing of military ornamental lace
          and embroidery, and are imported from Japan.  Three samples of
          yarn were submitted, along with samples of end products produced
          by you in the United States with the yarn:  ornamental lace,
          embroidery, and yarn lace.

              The submitted samples of yarn consist of synthetic metalized
          yarn in three colors:  gold, silver, and aluminum.  The yarns
          consist of a synthetic metallic filament wound evenly around a
          synthetic man-made fiber core.  The gold yarn (class 8) consists
          of a gold colorant encased in clear polyester film, 0.005 inches
          in thickness with a metallic-silver surface.  The silver metallic
          filament (class 9) consists of a metallic aluminum encased or
          laminated between clear polyester film.  The silver metallic
          filament (class 10) consists of pure silver encased between a
          clear polyester film, 0.005 inches in thickness.  The yarns are
          wholly of man-made fiber filament, and are wrapped or gimped.

















                                         -2-


          ISSUE:

              Is the synthetic metalized yarn in chief value of tinsel wire
          or lame, and therefore classifiable in item 312.3000, TSUSA, as
          requested?

          LAW AND ANALYSIS:

              Classification of an article must be based on application of
          the provisions of the tariff schedule and applicable case law.
          While the military specifications for synthetic metallic yarn
          were somewhat helpful in describing the yarn, military speci-
          fications do not affect the classification of the submitted yarn.
          In addition, the fact that the military allows the use of the
          synthetic metalized yarn in place of the metalized yarn currently
          classified in item 312.3000, TSUSA, will not affect its classi-
          fication.  The synthetic metalized yarn must be classified
          according to its own composition.  Its classification is not
          determined by the classification of the article it is replacing.

              You requested that we consider classification of the
          synthetic metalized yarn in item 312.3000, TSUSA.  For the
          reasons which follow, classification of the yarn in this item
          number would be incorrect.

              Item 312.3000, TSUSA, specifically provides for metalized
          yarns.  Schedule 3, Part 1, Subpart F, Headnote 1(a), TSUSA,
          defines metalized yarns as "yarns, in chief value, but not
          wholly, of tinsel wire and lame."  In order to be classified in
          item 312.3000, TSUSA, the synthetic metalized yarn must meet the
          definition in the headnote.

              Tinsel wire and lame are described in the 1948 Summaries of
          Tariff Information, Volume 3, Part 5, page 104, as follows:

                   Tinsel wire is round wire composed chiefly of copper or
              brass.  It is usually coated or plated with a bright metal,
              such as real or imitation gold or silver and it is also
              produced in colors.  Lame (a French word) (lahn in Germany)
              is manufactured by passing the tinsel wire through metal
              rollers which flatten it into various widths depending on the
              gage of the wire; it is often subjected to ornamental
              corrugating or coloring processes.  Bullions are made by
              twisting lame or lahn to produce hollow spiral forms.  Tinsel
              thread is lame wound around a suitable core such as cotton or
              silk.

              The yarns at issue here are produced by encasing either gold
          colorants, metallic aluminum or metallic silver between clear
          polyester film.  These yarns are analogous to the yarn which was
          at issue in Kaplan Products & Textiles Inc. v. United States, 51











                                         -3-


          CCPA 2, C.A.D. 828 (1963).  The yarn in that case was made by
          bonding transparent cellophane onto both sides of a sheet of
          aluminum foil, and then slicing the laminated aluminum sheet into
          narrow widths.  The court found that the resulting strips did not
          "fall within the term lame as used in the Tariff Act."  Id. at 6.

              Additionally, the Summaries of Trade and Tariff Information,
          Schedule 3, Volume 2, 1969, page 155, states that while the term
          lame is applied to various forms of plastic filaments which
          contain metal, plastic filaments are not tinsel or lame for
          tariff purposes.  The submitted synthetic metalized yarns are
          precluded from classification in item 312.3000, TSUSA, because
          they do not fall within the meaning of the terms tinsel wire or
          lame as used in the headnote.

              In Headquarters Ruling Letter (HRL) 078975 dated October 21,
          1986, yarn composed of an elastomer core thread wrapped with a
          nylon yarn was not considered to be plied for tariff purposes.
          The yarns at issue here are wrapped or gimped, and similar in
          construction to the yarn at issue in HRL 078975.  Therefore, the
          synthetic metalized yarns are not considered plied or single.

          HOLDING:

              The synthetic metalized yarns are classifiable in the
          provision for yarns of man-made fibers, other, . . ., other, in
          item 310.6055, TSUSA, textile category 607.  The rate of duty is
          15 percent ad valorem.

              Under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA), the provision for metalized yarns is broader
          than that under the TSUSA.  Under the HTSUSA, synthetic metalized
          yarns are classifiable in the provision for metalized yarns in
          subheading 5605.00.0000, HTSUSA, textile category 201.  The rate
          of duty is 15 percent ad valorem.  This classification represents
          the present position of the Customs Service.  If changes occur
          before the effective date of January 1, 1989, this advice may not
          continue to be applicable.


                                          Sincerely,



                                          John Durant, Director
                                          Commercial Rulings Division















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