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NY N025112




March 27, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5207.90.0000, 5511.30.0000

Ms. Nancy deVries
Spinrite LP
320 Livingstone Ave. S
Listowel, Ontario
N4W 3H3 Canada

RE: The tariff classification of yarns from China and Turkey

Dear Ms. DeVries:

In your letter dated March 19, 2008, you requested a tariff classification ruling. The three samples that you submitted were examined and disposed of.

Bernat Cot’n Corn is a 9-ply twisted yarn of 67% semi-worsted cotton and 33% corn. Maize, which is corn, is listed in the Explanatory Note (EN) to Chapter 54, HTSUS, as an artificial fiber. The yarn is manufactured in China. It is imported from Canada in 118-meter balls weighing 60 grams, which indicates a decitex of approximately 5,000.

Patons Stretch Socks is a multi-ply yarn, with at least one ply elastomeric. The fiber content is stated to be 41% cotton, 39% semi-worsted wool, 13% nylon, and 7% PBT (polybutylene terephthalate, an elastomeric fiber). It is spun and twisted in Turkey. It is imported from Canada in 218-meter balls weighing 50 grams which indicates a decitex of approximately 2300.

Patons Silk Bamboo is a 4-ply twisted yarn manufactured in China from a blend of 70% bamboo and 30% silk. For purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber that is derived from bamboo. Note 1(b) to Chapter 54 noted. The yarn is imported from Canada in 93-meter balls weighing 63 grams which indicates a decitex of approximately 6800.

By virtue of the weight and decitex, the above yarns meet the tariff definition of “put up for retail sale” found in Section XI, Note 4, Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for Bernat Cot’n Corn and Patons Stretch Socks 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% ad valorem.

The applicable subheading for the Patons Silk Bamboo yarn will be 5511.30.0000, HTSUS, which provides for yarn (other than sewing thread) of man-made staple fibers, put up for retail sale, of artificial staple fibers. The rate of duty will be 7.5% ad valorem.

All of the above yarn classifications fall within textile category 200. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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