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NY E87848




October 6, 1999

CLA-2-52:RR:NC:TA:351 E87848

CATEGORY: CLASSIFICATION

TARIFF NO.: 5205.41.0020; 5509.32.0000; 5606.00.0090

Mr. Eric Lee
Man Fung International, Ltd.
3300B Cessna Road
Charlotte, NC 28208

RE: The tariff classification of novelty yarns from China

Dear Mr. Lee:

In your letter dated September 17, 1999, you requested a classification ruling.

You submitted samples of four types of yarn. All four yarns are put up for sale on cones that weigh in excess of 4 pounds each. The first yarn is a 100 percent cotton three-ply yarn. Two of the plies are thin, the third is thick. You stated, in a telephone conversation, that the metric number is 2, and that the cotton yarn is combed and ring spun. The second sample was described as a 100 percent acrylic spun tape yarn. This yarn is also known as a loop wale yarn. The third sample is a 100 percent acrylic three-ply slub yarn. It appears to be a staple fiber yarn. The last sample is described as a 100 percent acrylic three-ply loop yarn. One of the plies “loops” at intervals in the twisting of the yarn.

The applicable subheading for the cotton yarn will be 5205.41.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for cotton yarn (other than sewing thread), containing 85 percent or more by weight of cotton, not put up for retail sale, multiple or cabled yarn, of combed fibers, not exceeding 14nm per single yarn, ring spun. The duty rate will be 5.4 percent ad valorem.

The applicable subheading for the tape yarn will be 5606.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for gimped yarn and strip..; loop wale yarn, other. The duty rate will be 9.8 percent ad valorem.

The applicable subheading for the slub yarn and the loop yarn (the last two samples), will be 5509.32.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for yarn (other than sewing thread), of synthetic staple fibers, not put up for retail sale, containing 85 percent or more by weight of acrylic or modacrylic staple fibers, multiple or cabled yarn. The duty rate will be 11 percent ad valorem.

The cotton yarn falls within textile category designation 301. The tape or loop wale yarn falls within textile category designation 201. The slub yarn and loop yarn (the last two samples), fall within textile category designation 604. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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