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NY M82535




April 18, 2006

CLA-2-54:RR:NC:N3:351 M82535

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.43.9020, 5606.00.0090

Mark Moraca
3304 Blue Bell Lane
Birmingham, AL 35242

RE: The tariff classification of yarns from China

Dear Mr. Moraca:

In your letter dated April 10, 2006, you requested a tariff classification ruling.

You submitted samples of two yarns. One is labeled 100% polyester. It appears, under magnification, to be a knit yarn (not twisted or braided) of four plies of multiple untwisted filaments; every inch or so, two of the plies are pulled up and down through the loops of the other two, creating three 1/4" loops. The effect created suggests a small butterfly.

The applicable subheading for the 100% polyester knit yarn will be 5402.43.9020, Harmonized Tariff Schedule of the Unites States, (HTSUS), which provides for synthetic filament yarn, not put up for retail sale, other yarn, single, of polyesters, other, other, monofilament, multifilament, untwisted or with twist of less than 5 turns per meter. The duty rate will be 8% ad valorem.

The second sample is labeled 100% corn, “made by a physical process.” Maize, which is corn, is listed in the Explanatory Note (EN) to Chapter 54, HTSUS, as an artificial fiber. The yarn is a tubular knit approximately 1/8” in a flattened state. It meets the tariff definition of loop wale-yarn found in the EN to heading 56.06, HTSUS.

The applicable subheading for the yarn will be 5606.00.0090, HTSUS, which provides for loop wale-yarn. The duty rate will be 8% ad valorem.

You also have asked a question about marking. You describe a process whereby you combine, in the United States, three separate yarns, two from China and one from Italy. You ask if you may label this three-ply yarn “Made in the USA from imported fibers.” In order to determine the country of origin of a product, we need to know the origin of the components. In this case, we would need to know the origin of the components of each of the three constituent yarns. In addition, we would need a sample of the final product. When this information is available, you may wish to consider resubmission of your request. If you do resubmit, please reference this ruling by its control number, M82535.

However, whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, on the propriety of proposed markings indicating that an article is made in the U.S.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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