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NY L86708




August 26, 2005

CLA-2-55:RR:NC:N3:351 L86708

CATEGORY: CLASSIFICATION

TARIFF NO.: 5511.10.0060, 5606.00.0090

Nancy deVries
Spinrite Inc.
Box 40
Listowel, Ontario N4W 3H3
Canada

RE: The tariff classification of yarns from China and Taiwan

Dear Ms. deVries:

In your letter dated August 8, 2005, you requested a tariff classification ruling.

The two submitted samples are identified as Bernat Narly yarn (Product No. 161070) and Bernat Bear yarn (no number).

You indicate that the Bernat Narly yarn is 100 percent polyester cloth-cut and is produced in Taiwan on miniature knitting machines, dyed and cut into narrow strips that are wound on cones and then are balled, packaged, and put up for retail sale as 50-gram balls of yarn. It appears to be of staple fibers. A simple desk test reveals the decitex to be approximately 6800. By virtue of Note 4 to Section XI, Harmonized Tariff Schedule of the United States (HTS), this yarn is considered put up for retail sale.

The applicable subheading for the Bernat Narly yarn will be 5511.10.0060, HTS, which provides for yarn (other than sewing thread) of man-made staple fibers, put up for retail sale, of synthetic staples fibers, containing 85 percent or more by weight of such fibers, other. The duty rate will be 7.5 percent ad valorem.

The Bernat Bear yarn is of a chenille construction. It is constructed of 100 percent polyester and is fashioned as a fabric on miniature knitting machines and cut to produce the chenille effect. You state that it is manufactured in China and arrives at Spinrite balled, packaged, and put up for retail sale in six 50-gram balls per package.

The applicable subheading for the Bernat Bear yarn will be 5606.00.0090, HTS, which provides for chenille yarn. The rate of duty will be 8 percent ad valorem.

HTS 5511.10.0060 falls within textile category designation 200. HTS 5606.00.0090 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.

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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