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NY 805566




January 5, 1995

CLA-2-51:S:N:N6:351 805566

CATEGORY: CLASSIFICATION

TARIFF NO.: 5105.29.0000

Mr. V.T. Whitlock
OneUp Enterprises, Inc.
P.O. Box 581009
Salt Lake City, Utah 84103

RE: The tariff classification of wool tops from India.

Dear Mr. Whitlock:

In your letter dated December 9, 1994, you requested a classification ruling.

In your correspondence, you propose to ship United States grown domestic greasy wool to India for processing into wool tops. No sample of the wool tops has been submitted with your request. We assume that the greasy wool will undergo cleaning (degreasing, scouring and carbonizing), carding and combing processes in India to make it into tops. In your letter, you suggest that classification in Chapter 98 of the Harmonized Tariff Schedule of the United States (HTS), which applies to articles exported and returned to the U.S., would mean that the dutiable tariff rate would apply to the cost of processing only. However, none of the Chapter 98 provisions will apply, and there will be no allowance for the value of the supplied materials.

The applicable subheading for the wool tops will be 5105.29.0000, HTS, which provides for wool and fine or coarse animal hair, carded or combed (including combed wool in fragments); wool tops and other combed wool; other. The duty rate will be 5.9 percent ad valorem plus 7.3 cents per kilogram.

The wool tops fall within textile category designation 400. Based upon international textile trade agreements, products of India are subject to 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. Since 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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