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NY L87134




September 7, 2005

CLA-2-51:RR:NC:N3:351 L87134

CATEGORY: CLASSIFICATION

TARIFF NO.: 5109.10.9000

Kelly Morrison
Metropolis Custom Brokers
156-15 146th St.
Suite 110
Jamaica, NY 11434

RE: The tariff classification of wool yarn from Italy or Turkey

Dear Ms. Morrison:

In your letter dated Aug. 22, 2005, you requested a tariff classification ruling on behalf of your client, Orchard Brand Yarns of Carlstadt, New Jersey.

You submitted two balls of hand knitting yarns. Bolero is a dyed yarn of 100% wool. The ball weighs 104 grams. A simple desk test reveals the decitex to be approximately 20,000. By the terms of Note 4(A)(b)(iii) to Section XI, Harmonized Tariff Schedule of the United States (HTS), the yarn is considered put up for retail sale.

The applicable subheading for Bolero will be 5109.10.9000, HTS, which provides for "Yarn of wool . . ., put up for retail sale: Containing 85% or more by weight of wool . . .: Other: . . .Other: . . .Other." The rate of duty will be six percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the yarn Fettuccini. Your request for a classification ruling should state whether the acrylic and nylon are filaments or staple fibers. Also, is the acrylic twisted with the wool, with the two held by stitching of the nylon? Please explain the construction of the yarn.

When this information is available, you may wish to consider resubmission of your request. We are retaining the samples. If you decide to resubmit your request, please reference this letter by the number L87134.

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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