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NY K85275




April 26, 2004

CLA-2-55:RR:NC:N3:351 K85275

CATEGORY: CLASSIFICATION

TARIFF NO.: 5511.20.0000, 5406.10.0090, 5606.00.0090

Mr. Garth Pauley
Manager, Imports Compliance
Jo-Ann Stores, Inc.
5555 Darrow Road
Hudson, OH 44236

RE: The tariff classification of yarns from Turkey.

Dear Mr. Pauley:

In your letter dated April 9, 2004, you requested a ruling on tariff classification.

You submitted samples of four yarns. The first, Gemstone, is a multiple yarn with a total fiber content stated to be 19% mohair wool, 11% wool, 27% acrylic staple fiber, 13% polyamide staple fiber, 12% polyamide filament yarn, and 18% polyester filament yarn. This works out to 30% wool, 40% synthetic staple fiber, and 30% synthetic filament fiber. A simple desk test reveals the decitex to be approximately 8500; the ball of yarn, as it will be imported and sold at retail, weighs 101 grams.

Note 2.(A.) to Section XI, Harmonized Tariff Schedule of the United States (HTS), states,

Goods classifiable in chapters 50 to 55 . . . 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 each other single textile material.

This blend, then, is considered to be of synthetic staple fiber.

The second sample, Angel Hair, is also a multiple yarn, with a total fiber content stated to be 22% wool, 50% acrylic staple fiber, and 28% polyamide filament yarn. Again, by virtue of Note 2.(A.), this is a synthetic staple fiber yarn. The decitex is approximately 9500 and the ball weighs 103 grams.

Both these yarns meet the tariff definition of “put up for retail sale” found in Note 4.(A.)(b.) to Section XI.

The applicable subheading for these yarns will be 5511.20.0000, HTS, which provides for yarn (other than sewing thread) of man-made staple fibers, put up for retail sale, of synthetic staple fibers, containing less than 85 percent by weight of such fibers. The general rate of duty will be 7.5 percent ad valorem.

The third yarn, Willow Space, a filament yarn, has a total fiber content of 52% nylon and 48% rayon. The yarn has been processed in a crocheting machine, giving it the appearance of a knit fabric interspersed with slubs where the filaments have been gathered or fluffed. The decitex is approximately 10,500 and the ball weighs 52 grams. This filament yarn is also considered put up for retail sale.

The applicable subheading for this yarn will be 5406.10.0090, HTS, which provides for man-made filament yarn (other than sewing thread), put up for retail sale: synthetic filament yarn, other. The general rate of duty will be 7.5 percent ad valorem.

These three yarns fall within textile category designation 200. Based upon international textile trade agreements products of Turkey are currently 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

The fourth sample, Cello Space, is a multi-colored chenille yarn, processed on a Rachel machine that creates a knit yarn with lengths of yarn protruding from one side in an “eyelash” effect.

You propose that the classification for this yarn is in subheading 5406.10.0040, HTS, which provides for man-made filament yarn (other than sewing thread), put up for retail sale, of polyesters. However, chenille yarns are specifically provided for in heading 5606. The applicable subheading for Cello Space will be 5606.00.0090, HTS, which provides for chenille yarn, other. The general rate of duty will be eight percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.). Your samples will be returned as requested, although we did remove a length of each for our files.

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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