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NY K89741




September 29, 2004

CLA-2-56:RR:NC:N3:351 K89741

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0090, 5605.00.9000, 6003.30.6000

Ms. Kelly Morrison
Metropolis Customs Brokers
156-15 146th Ave.
Suite 110
Jamaica, NY 11434

RE: The tariff classification of knitting yarns and narrow fabric from Italy and Turkey.

Dear Ms. Morrison:

In your letter dated Sept. 17, 2004, you requested a ruling on behalf of Orchard Yarn & Thread Co., of Carlstadt, New Jersey, on tariff classification.

You submitted three samples. Article #220 Fancy Fur is listed as 55% polyamide/45% polyester. It is a multiple wound yarn assembled of two single yarns loosely twisted together. The first of these is a knit yarn with inch-long fibers protruding along one side, creating an eyelash effect; this is considered to be a chenille yarn. The other ply is a gimped (that is, wrapped) yarn with a loose core of multiple filaments wrapped by a tighter filament yarn, with small tufts of fibers protruding every inch or so, creating a boucle effect. The essential character of Article #220 Fancy Fur is chenille.

The applicable subheading for this product 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 second sample, Article #510 Moonlight Mohair, is also a multiple wound yarn, listed as 35% mohair (which is another name for angora), 30% acrylic, 25% cotton, and 10% polyester metallic strip; the metallic strip meets the dimensional requirements of man-made fiber textile strips contained in Section XI, Note 1(g), HTS. The metallic strip gimps one of the plies before the two plies are twisted together to form the yarn.

Please note that a yarn that contains any amount of metal is regarded in its entirety as metalized yarn for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal. Article #510 Moonlight Mohair is considered to be 100% metallic.

The applicable subheading for the metalized yarn will be 5605.00.9000, HTS, which provides for metalized yarn, whether or not gimped, being textile yarn, combined with metal in the form of thread, strip or powder or covered with metal; other. The general rate of duty will be 13.2 percent ad valorem.

The third sample, Article #520 Incredible, is a warp knit fabric with a weft insertion, measuring 9mm in width, listed as 100% polyamide. It is labeled “a ribbon yarn for knitting and crocheting.”

The applicable subheading for Article #520 will be 6003.30.6000, HTS, which provides for knitted or crocheted fabrics of a width not exceeding 30cm, of synthetic fiber, other. The general rate of duty will be 7.6 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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