us-cbp-cross-rulings-hq-084861•HQ 084861: Classification of fabric of metalized yarn
HQ 084861: Classification of fabric of metalized yarn
us-cbp-cross-rulings-hq-084861HQ 084861: Classification of fabric of metalized yarnGuidance
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 084861
August 24, 1989
CLA-2 CO:R:C:G 084861 HP
CATEGORY: Classification
TARIFF NO.: 5806.39.3090
Ms. Judy Kearney
Network Brokers International, Inc.
Airport Industrial Office Park, Building A2-C
145TH Avenue & Hook Creek Blvd.
Valley Stream, NY 11581
RE: Classification of fabric of metalized yarn
Dear Ms. Kearney:
This is in reply to your letters of May 17, 1989 to
our New York office, concerning the tariff classification
of metalized yarn, produced in Japan, under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).
Reference your client Berwick Industries, Inc. We are
herein classifying the merchandise from your May 17, 1989,
requests which was not covered by NYRLs 841338-341 of June
15, 1989.
FACTS:
The merchandise at issue consists of seven samples of
narrow textile fabric combined with metalized yarn. The
metalized yarn in all samples is constructed of #25 microns
polyester film metalized with aluminum, with either the
metalized side or both sides coated by color or resin. The
metal comprises less than 0.1 percent of the yarn.
All of the samples are narrow woven ribbons. All
merchandise represented herein will be imported in the
piece in widths under 30 centimeters. You state that these
articles are for decorative use, i.e., gift wrapping,
floral arrangements, etc.
Articl Widths Lengths Compositio Name
e# n
2800 6mm, 15mm, 30 yards 80% Opulence
25mm, 36mm, Metallic Ribbon
65mm, 84mm 20% Nylon
2805 2mm 50 yards 70% Needle
Metallic Loom
30% Nylon Metall-
ique
2815 3.5mm, 6mm, 20/30 90% Jewel
15mm yards Metallic Ribbon
10% Nylon
2905 22mm 20 yards 80% Metall-
Metallic ique
20% Nylon Bow
2
3920/- 3.5mm, 6mm, 25 yards 80% Metall-
3921 16mm, 65mm Metallic ique
20% Poly- Ribbon
ethylene
3940 12mm, 24mm 25 meters 80% Lame
Metallic Ribbon
20% Nylon
3961 22mm 25 meters 70% Sheer
Metallic Metallic
30% Nylon
ISSUE:
Whether the merchandise is classified as of man-made
textiles or of other textile materials under the HTSUSA?
LAW AND ANALYSIS:
Composition of Yarn/Metal Combine
Heading 5607, HTSUSA, provides for textile yarns
reinforced with metal threads. Heading 5605, HTSUSA,
provides for metalized yarn. Chapters 54 and 55, HTSUSA,
provide for textile yarns of man-made fibers. We must now
determine the classification of this combination yarn.
The Explanatory Notes to the HTSUSA constitute the
official interpretation of the tariff at the international
level. The General Explanatory Note to Section XI states
that, in all cases, yarn reinforced with metal thread shall
be classified in heading 5607, while metalized yarn shall,
in all cases, be classified in heading 5605. Although the
yarn could also be considered "man-made," and thereby
classifiable in Chapters 54 or 55, HTSUSA, it is our op-
inion that if this dual classification possibility was
intended, the drafters of the Harmonized system would not
have included the specific headings for metalized and
metal-reinforced yarn. These yarns would have been classi-
fiable, as they were under the Tariff Schedule of the
United States Annotated (TSUSA), as man-made fiber. This,
in addition to the "in all cases" language of the Explana-
tory Note, and the fact that the headings for 5605 and 5607
more specifically describe the merchandise, leads us to
discourage classification of the instant yarn as "of man-
made fibers."
Analysis therefore rests upon whether the combination
yarn is either reinforced with metal, or metalized, and the
difference between the two types of yarn. The Explanatory
Note to heading 5607, HTSUSA, provides, in pertinent part:
This heading covers twine, cordage, rope and
cables, produced by twisting or by plaiting or
braiding.
(1) Twine, cordage, rope and cables, not plaited
or braided.
* * *
Textile yarn reinforced with metal thread
is always classified here and differs from
3
metallised yarn of heading 56.05 in that the
metal strand is usually thicker and acts as
a reinforcing agent only and not for any
ornamental purpose.
* * *
You have stated that the metal/polyester combination
is employed solely for ornamental purposes. This, in
addition to our opinion that the metal is not reinforcing
the yarn, leads us to the conclusion that the yarn is not
classifiable as "reinforced with metal" under heading 5607,
HTSUSA.
Heading 5605, HTSUSA, provides for, inter alia, yarn
consisting of metal plus any textile material, including
strips, obtained by twisting, cabling or gimping, whatever
the proportion of metal present. The Explanatory Note to
this heading goes on to include in heading 5605
... products consisting of a core of metal foil
(generally of aluminium [sic.]), or of a core of
plastic film coated with metal dust, sandwiched
by means of an adhesive between two layers of
plastic film.
As described in the statement of facts, supra, the
construction of the yarn in the instant matter is as delin-
eated in the aforementioned Explanatory Note. Thus, the
yarn used in construction of the instant merchandise is
metalized yarn of heading 5605, HTSUSA.
Construction of Merchandise
Heading 5806, HTSUSA, provides for narrow woven fab-
rics, other than lapels, badges, etc. of heading 5807,
including ribbons. Heading 5809, HTSUSA, provides for
woven fabrics of metalized yarn of heading 5605, as used in
apparel, as furnishing fabrics or for similar purposes, not
elsewhere specified or included. The Explanatory Note to
heading 5806 describes ribbons as strips of a width not
exceeding 30 centimeters, of various methods of
construction applicable here,
... usually of silk, wool, cotton or man-made
fibres, whether or not containing elastomeric
yarn or rubber thread, and are used in underwear,
in women's apparel, in the manufacture of hats
and fancy collars, as medal ribbons, as a decora-
tive binding material, in furnishing, etc.
[Emphasis added.]
As heading 5806 provides for narrow woven fabric of
the type represented by the instant merchandise,
classification cannot be under heading 5809.
The fabrics are composed of both metalized and man-
made yarns. Classification therefore is based upon whether
the merchandise is regarded as consisting wholly of man-
made fibers or of metalized yarn.
The General Rules of Interpretation (GRI's) to the
HTSUSA govern the classification of goods in the tariff
schedule. GRI 1 states, in pertinent part:
4
... classification shall be determined according
to the terms of the headings and any relative
section or chapter notes ....
Goods which cannot be classified in accordance with GRI 1
are to be classified in accordance with subsequent GRI's,
taken in order.
Subheading Note 2 to Section XI, HTSUSA, provides, in
pertinent part:
(A) Products of chapters 56 to 63 containing two
or more textile materials are to be regarded
as consisting wholly of that textile materi-
al which would be selected under note 2 to
this section for the classification of a
product of chapters 50 to 55 consisting of
the same textile materials.
(B) For the application of this rule:
(a) where appropriate, only the part which
determines the classification under
general interpretative rule 3 shall be
taken into account;
* * *
Note 2 to Section XI, HTSUSA, provides, in pertinent
part:
(A) Goods classifiable in chapters 50 to 55 or
in heading 5809 or 5902 and of a mixture of
two or more textile materials are to be
classified as if consisting wholly of that
one textile material which predominates by
weight over any other single textile materi-
al.
(B) For the purposes of the above rule:
(a) Gimped horsehair yarn (heading 5110)
and metallised yarn (heading 5605) are
to be treated as a single textile mat-
erial the weight of which is to be
taken as the aggregate of the weights
of its components ...;
(b) The choice of the appropriate heading
shall be effected by determining first
the chapter and then the applicable
heading within that chapter, dis-
regarding any materials not
classified in that chapter;
* * *
(d) Where a chapter or a heading refers to
goods of different textile materials,
such materials are to be treated as a
single textile material.
* * *
5
In the instant case, the woven fabrics are composed of
X percent metalized yarn and Y percent man-made fibers
(nylon or polyethylene), with X always the greater of the
two percentages. The articles are therefore classifiable
under heading 5806 as narrow woven fabrics composed of
metalized yarn.
HOLDING:
As a result of the foregoing, the instant merchandise
is classified under subheading 5806.39.3090, HTSUSA, tex-
tile category 899, as narrow woven fabrics, other than
goods of heading 5807; narrow fabrics consisting of warp
without weft assembled by means of an adhesive (bolducs),
other woven fabrics, of other textile materials, other,
other. The applicable rate of duty is 3 percent ad
valorem.
Due to the changeable nature of the statistical
annotation (the ninth and tenth digits of the
classification) and the restraint (quota/visa) categories,
you should contact your local Customs office prior to
importing the merchandise to determine the current applic-
ability of any import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings
Division
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