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NY N003450




December 5, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5108.10.8000, 5109.10.9000

Mark Moraca
3304 Blue Bell Lane
Birmingham, AL 35242

RE: The tariff classification of yak yarn from China

Dear Mr. Moraca:

In your letter dated Nov. 13, 2006, you requested a tariff classification ruling.

You submitted ten meters of yarn made from the hair of yak. Note 1(b) to Chapter 51, Harmonized Tariff Schedule of the United States (HTSUS), lists yak as a fine animal hair for tariff purposes.

In a telephone conversation with this office, you stated that the yarn will be imported initially on cones weighing 1-2 kilograms each, but that subsequent shipments will be in skeins or balls weighing no more than 50-70 grams each. Our examination reveals the decitex to be approximately 7500. By virtue of the weight and decitex, the yarn imported in balls or skeins will meet the tariff definition of "put up for retail sale" found in Section XI, Note 4, HTSUS, but the yarn imported on the cones will not. In a subsequent e-mail, you stated that the yarn is carded but not combed.

The applicable subheading for the yak yarn imported in balls or skeins weighing no more than 50-70 grams each will be 5108.10.8000, HTSUS, which provides for yarn of fine animal hair, carded, other. The rate of duty will be 4% ad valorem.

The applicable subheading for the yak yarn imported on cones weighing 1-2 kilograms each will be 5109.10.9000, HTSUS, which provides for yarn of wool or fine animal hair, put up for retail sale: Containing 85% or more by weight of wool or fine animal hair : Other:Other:Other. The rate of duty will be 6% ad valorem.

Subheadings 5108.10.8000 and 5109.10.9000 fall within textile category 400. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at www.otexa.ita.doc.gov.

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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