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NY 859287


January 14, 1991

CLA-2-55:S:N:N3H:351 859287

CATEGORY: CLASSIFICATION

TARIFF NO.: 5511.20.0000; 5511.10.0030; 5207.10.0000; 5605.00.0090

Mr. Louis J. Michot
Louis J. Michot & Associates, Inc.
3125 Pinbook Road
Lafayette, Louisiana 70508

RE: The tariff classification of hand knitting yarns put up for retail sale from Mexico.

Dear Mr. Michot:

In your letter dated December 26, 1990, you requested a tariff classification ruling.

You have submitted four samples of hand knitting yarns, put up for retail sale in 50 gram balls or skeins, identified as follows: "Ami", which is made of 100 percent acrylic fibers; "Berenice", which is made of 70 percent acrylic/30 percent wool; "Verano", which is made of 100 percent cotton; and "cotton D' Or", which is made of 60 percent cotton/30 percent rayon/10 percent metallic Lurex. The :Ami" is a 3-ply yarn, and the "Verano" is a 2-ply yarn. The "Berenice" is an 8-ply fuzzy yarn. The cotton D' Or" is a plicd slub novelty yarn with thick and thin plies, and it is assumed that this yarn has twist of 5 turns per meter or more.

The applicable subheading for the :Berenice" brand yarn will be 5511.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for yarn (other than sewing thread) of man- made staple fibers, put up for retail sale, of synthetic staple fibers, containing less than 85 percent by weight of such fibers. The rate of duty will be 13 percent ad valorem.

The 100 percent acrylic "Ami" yarn will be classifiable under the provision for yarn (other than sewing thread) of man- made staple fibers, put up for retail sale, of synthetic staple fibers, containing 85 percent or more by weight of such fibers, acrylic or modacrylic, in subheading 5511.10.0030, HTS. The rate of duty will be 13 percent ad valorem.

The "Verano" yarn will be classifiable under the provision for cotton yarn (other than sewing thread) put up for retail sale, containing 85 percent or more by weight of cotton, in subheading 5207.10.000, HTS. The rate of duty will be 5 percent ad valorem.

The "Cotton D" Or " yarn will be classifiable under the provision for metalized yarn, whether or not gimped, being textile yarn,..., combined with metal in the form of thread, strip or power or covered with metal, other, in subheading 5605,00.0090, HTS. The rate of duty will be 15 percent ad valorem.

The "Berenice", "Ami", and "Verano" yarns fall within textile category designation 200. The "Cotton D" Or" metallic yarn falls within category 201. Based upon international textile trade agreements, products of Mexico are subject to the requirements of a visa.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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