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NY N005751




January 25, 2007

CLA-2-52:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 5207.90.0000

Ted Pascador
Phoenix International
25991 Northline Commerce Drive
Suite 514
Taylor, MI 48180-7938

RE: The tariff classification of a yarn kit from China

Dear Mr. Pascador:

In your undated letter that was received in this office on January 23, 2007, you requested a tariff classification ruling on behalf of your client, Colorbok Inc., of Dexter, Michigan.

The submitted sample is identified as the “Sticky Stitches Kit for Scrapbooks” (Item #F8860). It consists of five individual packages. Four packages contain six adhesive-backed knit yarns (70% cotton/30% polyester), two yards of each color. From our examination, it appears the decitex of the yarn is less than 20,000. Each individual package weighs less than 125 grams. By virtue of the weight and decitex, the yarn meets the tariff definition of "put up for retail sale" found in Section XI, Note 4, Harmonized Tariff Schedule of the United States (HTSUS).

The fifth package contains four kinds of 100% nylon rickrack narrow fabric. You indicate that the yarns and rickrack are used to embellish scrapbooks and paper crafts. The user cuts the thread or rickrack to the desired length, peels it away from the backer card, and applies it to the project at hand. The yarns and rickrack are backed with adhesive.

It is the opinion of this office that this is a set for tariff purposes and the essential character is imparted by the cotton yarn.

The applicable subheading for the stitches kit will be will be 5207.90.0000, HTSUS, which provides for cotton yarn (other than sewing thread) put up for retail sale, other. The rate of duty will be 5 percent ad valorem.

Subheading 5207.90.0000, HTSUS, falls within textile category 200. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries.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/.

We note that the package is not marked with the fiber content of the items. Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

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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