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NY K85649




May 11, 2004

CLA-2-56:RR:NC:N3:351 K85649

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0090

Mr. John Cioffi
Continental Forwarding Co., Inc.
P.O. Box 81222 AMF
Cleveland, OH 44181

RE: The tariff classification of yarns from Italy.

Dear Mr. Cioffi:

In your letter dated April 27, 2004, you requested a ruling on behalf of Lamrite West, Inc., of Strongville, Ohio, on tariff classification.

You submitted five samples. They will be returned as requested.

The first sample is called Marcel and is composed of 84% acrylic, 16% nylon. It is actually two yarns twisted together, one being a chenille; the chenille effect is created by trapping short fibers between two twisted plies. The other component of Marcel is a knit yarn with inch-long slubs created two inches apart. The overall effect of this yarn is chenille.

The second yarn, Diva, is 100% polyester and is also a chenille yarn, this one created by trapping 4½” lengths of yarn within the loops of a knitted yarn. All of the trapped yarns are on the same side of the knitted yarn, creating an “eyelash” effect.

The third yarn, Coco, is of similar construction as Diva, but is 100% nylon, with a bulkier appearance and shorter “eyelashes.”

You state your belief that both Diva and Coco are loop wale yarns. However, loop wale yarn is a tubular knit yarn, which these are not.

The fourth yarn in Hush, 45% acrylic, 22% wool, and 21% nylon. It, too, is a chenille yarn. It is composed of three parallel knit stitches with a weft insertion; tufts are inserted into the outer stitches creating the chenille effect.

The applicable subheading for Marcel, Diva, Hush, and Coco will be 5606.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for chenille yarn. The general rate of duty will be eight percent ad valorem. Your inquiry does not provide enough information for us to give a classification ruling on the yarn called Lucille. Your request for a classification ruling must state whether the acrylic and nylon are filaments or staple fibers. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include the sample of Lucille that we have returned to you.

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

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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