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NY L86559




August 3, 2005

CLA-2-56:RR:NC:N3:351 L86559

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0090

Karen E. Keeling
Evans and Wood & Co., Inc.
612 E. Dallas Rd.
Ste. 200
Grapevine, TX 76051

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

Dear Ms. Keeling:

In your letter dated July 20, 2005, you requested a tariff classification ruling on behalf of Hobby Lobby Stores, of Oklahoma City, Oklahoma.

The submitted samples are five yarns. Article No. 60, identified as “Beguile,” has a fiber content of 100 percent polyester. Article No.190 (“Luscious”) is 100 percent polyamid. Article No. 12 (“Frosting”) is 100 percent polyester. All feature a chenille construction apparently created when a knit fabric is cut in the warp direction, with the cut weft yarns creating the chenille effect.

Article No. 96 (“Paradox”) is a two-ply yarn with a total fiber content of 49 percent acrylic, 40 percent nylon, 9 percent polyester, and 2 percent spandex. One ply has a chenille construction and it is this ply that gives the yarn its essential character.

The applicable subheading for the chenille yarns (articles 60, 190, 12, and 96) will be 5606.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for chenille yarn. The rate of duty will be 8 percent ad valorem.

Merchandise classified in subheading 5606.00.0090, HTS, falls within textile category designation 201. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at www.otexa.ita.doc.gov.

Your inquiry does not provide enough information for us to give a classification ruling on Article No. 98 (Paradox). Your request for a classification ruling should include advising as to whether the acrylic, nylon, and polyester are filament or staple fibers. Also, what is the decitex of this yarn? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

The samples will be retained in our files as official samples.

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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