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NY K85696





May 14, 2004

CLA-2-56:RR:NC:N3:351 K85696

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0090, 5511.10.0030

Ms. Nancy deVries
Senior Supervisor
Spinrite, Inc.
320 Livingstone Ave. S
Listowel, Ontario N4W 3H3
Canada

RE: The tariff classification of yarns from Turkey, Taiwan, and China.

Dear Ms. deVries:

In your letter dated April 19, 2004, you requested a ruling on tariff classification.

You submitted four yarn samples. The first, Bernat Fur Out, product no. 161060, is a chenille yarn created by 1½” lengths of fiber inserted into the loops of a knitted yarn, creating an “eyelash” effect on one side of the yarn. The fiber content is listed as 92% viscose, 8% polyester. The country of origin is listed as Turkey.

The second yarn, Patons Bohemian, product no. 241011, is also a chenille yarn, this one created by twisting together two chenille yarns; each of these plies is created by twisting together two strands and capturing short tufts of fabric, creating a “pipe cleaner” effect. The fiber content is listed as 81% polyester, 19% acrylic. The country of origin is listed as Taiwan.

The applicable subheading for both Fur Out and Bohemian 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.

The third sample, Bernat Pebbles, product no. 161110, is a multiple yarn of 46% acrylic staple fibers, 45% polyester filament fibers, and 9% wool. A simple desk test has revealed the decitex to be greater than 2000; the ball weighs approximately 48 grams. By virtue of the weight and decitex, the yarn meets the tariff definition of "put up for retail sale" found in Note 4, Section XI, HTS. The country of origin is listed as Taiwan.

You suggest that Pebbles is classifiable in subheading 5406.10.0020, HTS, which provides for man-made filament yarn (other than sewing thread), put up for retail sale, synthetic filament yarn, of acrylic. However, because the acrylic staple fiber outweighs the filament (46% to 45%) we refer to Section XI, Note 2, HTS, which 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.

Thus, because the acrylic staple fibers predominate by weight over the polyester filament fibers and the wool, Pebbles is considered a yarn of staple fibers in Chapter 55.

The fourth sample Bernat Solo, product no. 161057, is described as 72% acrylic and 28% polyester staple fibers. Again, we have determined the decitex to be greater than 2000; the ball weighs approximately 80 grams. This yarn, too, meets the tariff definition of "put up for retail sale.” The country of origin is listed as China.

You suggest that Solo is classifiable in subheading 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 (synthetic staple) fibers. However, the yarn is 100% staple fibers.

The applicable subheading for both Pebbles and Solo will be 5511.10.0030, HTS, which provides for yarn (other than sewing thread) of man-made staple fibers, put up for retail sale, of synthetic staple fibers, containing 85 percent or more by weight of such fibers, acrylic or modacrylic. The rate of duty will be 7.5 percent ad valorem.

Bohemian falls within textile category designation 201. Both Pebbles and Solo fall within textile category designation 200. Based upon international textile trade agreements products of Taiwan and China 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.

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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