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NY L80792




November 23, 2004

CLA-2-56:RR:NC:N3:351 L80792

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0090

Ms. Nancy Devries
Senior Supervisor
Spinrite, Inc.
Box 40
Listowel, Ontario
Canada N4W 3H3

RE: The tariff classification of chenille yarns from China.

Dear Ms. Devries:

In your letter dated Nov. 12, 2004, you requested a ruling on tariff classification.

You submitted two samples of yarns. The first is a skein of Bernat Disco, Product number 161068. It is 67% acetate and 33% polyester. It is a knit yarn manufactured in Turkey on a miniature circular knitting machine with three needles and a special fringe attachment. On two needles, the base chain of polyester filament yarn is knitted (one stitch on each side) with the fringe between them; the third needle and the fringe attachment cut the fringe, creating two yarns with fringe creating a chenille effect.

The second skein is Bernat Envy, Product number 161066, 82% polyester and 18% nylon. It is composed of two yarns twisted together. The first is a knit chenille yarn similar to Disco. The other is a knit yarn approximately 1/8” wide, with two knit edges connected every ½” by an 1/8”-wide band of stitches, creating a ladder effect. The two are twisted together to form a yarn that has the essential character of a chenille yarn.

The applicable subheading for both Disco and Envy 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 product falls within textile category designation 201. Based upon international textile trade agreements products of Taiwan 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.

In your letter you ask about visa and other requirements for calendar year 2005. In addition to the above, we suggest that you monitor current events with regard to textile quota and visa requirements at the web site for the Office of Textiles and Apparel of the Department of Commerce, at otexa.ita.doc.gov.

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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