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NY K89977





October 25, 2004

CLA-2-56:RR:NC:N3:351 K89977

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0090

Bea O’Halloran
Evans and Wood & Co., Inc.
612 E. Dallas Road, Suite 200
Grapevine, TX 76051

RE: The tariff classification of chenille yarn from China

Dear Ms. O’Halloran:

In your letter dated Oct. 6, 2004, on behalf of Hobby Lobby, of Oklahoma City, you requested a tariff classification ruling.

You submitted samples of two knitting yarns. Both are said to be 100% acrylic. Art. 200, Highland Thistle, is a two-ply twisted yarn. One ply is twisted staple fibers. The other ply is itself two-ply; one ply is the same twisted staple fibers as above, while the other is knitted or braided with textile strips twisted in. The strips meet the dimensional requirements of man-made fiber textile strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTS). These strips may be acrylic, as you state, but are more likely nylon or polyester. Also twisted into the braiding or knit stitches are lengths of staple fiber that protrude about one inch, creating a chenille effect.

The applicable subheading for Art. 200 will be 5606.00.0090, HTS, which provides for chenille yarn. The duty rate will be eight percent ad valorem.

Subheading 5606.00.0090 falls within textile category designation 201. Based upon international textile trade agreements products of China are 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.

Your inquiry does not provide enough information for us to give a classification ruling on Art. 300, Highland Heather. Your request for a classification ruling should include a sample of the yarn as imported, that is, a ball or hank; in that way, we can determine if it is put up for retail sale according to the definition of that term found in Section XI, Note 4, HTS. If no sample is available, we need to know the weight of the ball or hank as imported. When this is available, you may wish to consider resubmission of your request; if you do so, please reference this ruling (K89977).

The samples are will be returned as requested.

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

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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