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NY L86562




August 8, 2005

CLA-2-56:RR:NC:N3:351 L86562

CATEGORY: CLASSIFICATION

TARIFF NO.: 5605.00.9000, 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 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.150 (“Italia”) is a two-ply yarn that has a total fiber content of 50 percent polyamide and 50 percent acrylic. One ply is a chenille yarn and that imparts the essential character.

Article No. 408 (“Tempting Girl”) has a total fiber content of 100 percent polyamide. It is a knit yarn with a chenille construction.

Article No. 82 (“Riot Eyelash”) is a two-ply yarn that has a total fiber content of 58 percent polyamide and 42 percent polyester. One ply is a chenille yarn and that imparts the essential character.

Article No. 30 (“Cameo Soft”) is a two-ply yarn that has a fiber content of 100 percent polyamide. One ply is a chenille yarn and that imparts the essential character.

You describe the two-ply yarns as gimped. However, the plies appear to be twisted together, not gimped.

The applicable subheading for the yarns listed above (150, 408, 82, 30) 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.

Article No. 409 (“Glitzy Girl”) features a knitted chenille construction. It has a fiber content of 92 percent polyester and 8 percent Lurex®, a metallic fiber. Even though the metallic yarn is only found in one ply, 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 406 is considered to be 100% metallic.

The applicable subheading for the metalized yarn (409) 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.

Merchandise classified in subheadings 5605.00.9000 and 5606.00.0090, HTS, fall 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.

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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