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NY 800245




July 25, 1994

CLA-2-51:S:N:N6:351 800245

CATEGORY: CLASSIFICATION

TARIFF NO.: 3402.20.5000, 5109.10.6000

Ms. Ann Cannon-Brown
Elann Fiber Company
Box 771
Cranbrook, B.C.
VIC 4J5
Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of wool and mohair yarns and wool wash from Canada, and wool yarn from Great Britain

Dear Ms. Cannon-Brown:

In your letter dated June 28, 1994, received in this office on July 20, 1994, you requested a ruling on the status of tariff classification and status under the NAFTA, of wool and mohair yarns and wool wash from Canada, and wool yarn from Great Britain.

You have enclosed four samples with your request:

"Lanocreme" is made in Canada and consists of ammonium lauryl sulfate, coconat diethanolamide and ammonium chloride, and is used to wash wool products.

"Pure Wool Aran" is a 3-ply carded 100% wool yarn made in Great Britain. It is packaged for retail sale in a 100-gram ball.

"Kydd" is a 2-ply carded 100% kid mohair yarn packaged for retail sale in a 50 gram-skein.

"Tofino" is a 2-ply carded yarn of 80% mohair and 20% wool, packaged for retail sale in a 50-gram skein.

Both "Kydd" and "Tofino" are spun in Quebec, Canada from wool or mohair grown in British Columbia, Canada.

The applicable tariff provision for "Lanocreme" will be 3402.20.5000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401; preparations put up for retail sale; other. The general rate of duty will be free.

The applicable tariff provision for the three yarns will be 5109.10.6000, HTSUSA, which provides for yarn of wool or of fine animal hair, put up for retail sale; containing 85 percent or more by weight of wool or of fine animal hair; other; other. The general rate of duty will be 9 percent ad valorem.

The "Kydd" and "Tofino" yarns, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 3.6 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

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