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NY M83557




May 24, 2006

CLA2-RR:NC:N3:351 M83557

CATEGORY: CLASSIFICATION

Nancy DeVries
Spinrite Inc.
P.O. Box 40
Listowel, Ontario
Canada N4W 3H3

RE: Classification and country of origin determination for wool yarn; 19 CFR 102.21(c)(1); wholly obtained or produced in a single country

Dear Ms. DeVries:

This is in reply to your letter dated May 15, 2006, requesting a classification and country of origin determination for wool yarn that will be imported into the United States.

FACTS:

The subject merchandise consists of 70% wool/30% soybean yarn. The manufacturing operations for the yarn are as follows:

The fibers all originate in China. We assume the wool fibers have an average fiber diameter greater than 18.5 microns. The wool and soybean are blended into top (longer fibers that are taken during the combing process); these fibers are dyed and spun into the finished yarn, then wound onto four-pound cones. All of the above processes take place in China. In Canada, the wool yarn is wound into 80-gram, 100-meter balls that are marked “Made in China.” By virtue of the weight and decitex (approximately 8,000), the balled yarn meets the definition of "put up for retail sale" found in Note 4, Section XI, Harmonized Tariff Schedule of the United States (HTSUS), but the cones do not.

ISSUES:

What are the classification and country of origin of the subject merchandise?

CLASSIFICATION:

The applicable subheading for the 70% wool/30% soybean yarn, if imported in the four-pound cones, will be 5107.20.6000, HTSUS, which provides for “Yarns of combed wool, not put up for retail sale: Containing less than 85% by weight of wool: Other.” The general rate of duty will be 6% ad valorem.

The applicable subheading for the 70% wool/30% soybean yarn, if imported in the 80-gram balls, will be 5109.90.9000, HTSUS, which provides for "Yarn of wool or fine animal hair, put up for retail sale: . . . Other : . . . Other: . . . Other: . . . Other." The rate of duty will be 6% ad valorem.

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/.

COUNTRY OF ORIGIN - LAW AND ANALYSIS:

Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of Section 102.21.

Paragraph (c)(1) states, "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the 70% wool/30% soybean yarn was wholly obtained or produced in a single country, that is, China, country of origin is conferred in China.

HOLDING:

The country of origin of the 70% wool/30% soybean yarn is China.

Headings 5107.20.6000 and 5109.90.9000 fall within textile category designation 400. 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.

Please note that separate Federal Trade Commission marking requirements exist regarding fiber content that must appear on many textile items. You should contact that agency for information on the applicability of those requirements to this item, particularly with regard to the labeling of fibers derived from soybean. The address is:

Federal Trade Commission
Division of Enforcement
6th and Pennsylvania Avenue, N.W.
Washington, D.C. 20580,

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

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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