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NY H87972




February 1, 2002

CLA-2:RR:NC:N3:351 H87972

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0090

Yolanda S. Massey
Import Manager
Michaels Stores
8000 Bent Branch Drive
Irving, TX 75063

RE: The tariff classification of “sparkle yarn” from China.

Dear Ms. Massey:

In your letter dated January 22, 2002, you requested a classification ruling. This letter was a follow-up to your original ruling request of December 13, 2001, which we returned to you for more information.

The “sparkle yarn” is a looped cotton yarn with polyester strips, each approximately one centimeter in width, inserted into the loops, creating a chenille-like effect.

In your letter you state that the yarn will be used to make Santa beards and witch hair, and as Christmas decoration material. Also, your first order will be for the colors black and orange, as part of your Halloween merchandise. You ask, “In view of the ultimate use of the item . . . and considering that we are merchandising them for a particular festivity, is it possible that this item should be classified as festive?”

We note that while the packaging suggests that the item is “excellent for” Santa beards and “seasonal décor of all types,” other uses are also mentioned, such as doll hair and animal manes and tails. In fact, there is no reason why this could not be used for any number of purposes, including knitting. The item is not dedicated to any particular product or time. For tariff purposes, color by itself is not a recognized symbol of any particular holiday.

The applicable subheading for the sparkle yarn will be 5606.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for chenille yarn. The duty rate will be 8.7 percent ad valorem.

Merchandise classified in subheading 5606.00.0090, HTS, falls within textile category designation 201. 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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