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NY K88746




September 1, 2004

CLA-2-56:RR:NC:N3:351 K88746

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0090

Ms. Karen Keeling
Evans and Wood & Co., Inc.
612 E. Dallas Road
Suite 200
Grapevine, TX 76051

RE: The tariff classification of a twisted yarn from Italy.

Dear Ms. Keeling:

In your letter dated August 17, 2004, you requested a ruling on behalf of Hobby Lobby, of Oklahoma City, on tariff classification.

You submitted a ball of yarn. The total fiber content is 63% nylon and 37% rayon. It is composed of three strands, or plies, twisted together. One ply is a 100% nylon knitted yarn with 1½” lengths of yarn protruding from one side in an “eyelash” effect; this is a chenille yarn. The second strand is a 100% nylon filament knitted yarn.

The third strand is itself a multiple yarn. The major component is a five-ply yarn of textile strips twisted together; running through this is a multifilament yarn. This is then gimped, that is, wrapped, by another multifilament yarn, allowing the strips to show. Every foot or so, the yarn is gathered, creating a slub effect. This yarn is 90% rayon and 10% nylon.

The yarn is considered composite goods, consisting of different materials or made up of different components, specifically the three different yarns. This item shall be classified as if it consisted of the material or component that gives it its essential character. We have determined that the chenille yarn imparts the essential character, primarily because of the visual effect it creates.

The applicable subheading for this yarn 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.

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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