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NY L86561




August 8, 2005

CLA-2-56:RR:NC:N3:351 L86561

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0090, 5605.00.9000

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

RE: The tariff classification of 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 kinds of yarns. Article No. 71, identified as “Mosaic,” has a fiber content of 36 percent polyamide, 18 percent acrylic, 35 percent wool, and 11 percent cotton. It is a two-ply yarn that features a gimped construction.

Article No. 42 (“Jewelsong”) has a fiber content of 46 percent polyamide, 27 percent acrylic, and 27 percent cotton. It features 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. 602 (“Lambie Pie”) is a knit chenille yarn of 100 percent polyester. You state that it features a loop-wale construction; however, that is usually defined as a tubular knit yarn. This appears to be a chenille with a knit support yarn with loops of yarn extending 3/8”, creating the chenille effect.

The applicable subheading for the Article Nos. 42, 602, and 71 will be 5606.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for gimped and chenille yarns. The duty rate will be 8 percent ad valorem.

Article No. 39 (“Aurora”) has a fiber content of 95 percent polyamide and 5 percent polyester. The polyester is in the form of metallic strips, each less than 0.5mm in width. The strips meet the dimensional requirements of man-made fiber textile strips contained in Section XI, Legal Note 1(g), HTS. 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 No. 39 is considered to be 100% metallic.

The applicable subheading for Article 39 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 rate of duty will be 13.2 percent ad valorem.

Merchandise classified in subheading 5605.00.9000 and 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. 172 (“Artistry”). Your request for a classification ruling should include the decitex. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please reference this letter or include a copy of it.

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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