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HQ 958390

September 20, 1995

CLA-2 R:C:T 958390 CMR


TARIFF NO.: 5606.00.0000, 5107.20.0000

Ms. Irina Mangiere
Lineapiu' Group USA
561 Seventh Avenue, Room 803
New York, New York 10018

RE: Modification of District Decision (DD) 813018 of August 14, 1995; Classification of yarns from Italy

Dear Ms. Mangiere:

On August 14, 1995, Customs issued DD 813018 to you in which we classified six samples of yarns from Italy. It has come to our attention that we erred in the classification of two of the samples and thus we are issuing this modification letter to correct the error. The two yarn samples at issue are the Quality AMICO and Quality INDIANA yarns.


The Quality AMICO yarn is composed of 40 percent Merino wool, 35 percent polyacrylic, and 25 percent polyamid fibers. In DD 813018, the yarn is described as a single ply worsted yarn. However, Customs' National Import Specialist (NIS) who specializes in the classification of yarns has examined the sample yarn and describes it as follows:

At the core of this yarn is a lighter-colored staple fiber yarn, around which are wrapped two black multifilament yarns. One of these yarns is wrapped around the core yarn in the clockwise direction, while the other is wrapped in the counter-clockwise direction.

The Quality INDIANA is described in DD 813018 as a four ply worsted yarn composed of 40 percent Merino wool, 35 percent polyacrylic and 25 percent cotton fibers. The NIS examined the sample yarn and describes it as a three ply twisted yarn.

In DD 813018, both yarns were classified in subheading 5509.61.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for yarn (other than sewing -2-
thread) of synthetic staple fibers, not put up for retail sale; other yarn, of acrylic or modacrylic staple fibers; mixed mainly or solely with wool or fine animal hair.


Were the yarns at issue correctly classified in DD 813018 in subheading 5509.61.0000, HTSUSA?


Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that "classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to [the remaining GRIs taken in order]."

Heading 5509, HTSUSA, provides for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale. In classifying goods in Chapter 55, wherein heading 5509 is found, we must consider Section Note 2(A), Section XI, which states, in relevant part:

Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.

In regard to the Quality INDIANA yarn, wool is the fiber which predominates by weight over the cotton and polyacrylic fibers. Therefore, the yarn is classifiable as a wool yarn and not as a yarn of synthetic staple fibers.

Heading 5606, HTSUSA, provides for, among other things, gimped yarn. The Explanatory Notes to the Harmonized Commodity Description and Coding System, the official interpretation of the tariff at the international level, describe gimped yarns of heading 5606 as follows:

These products are composed of a core, usually of one or more textile yarns, around which other yarn or yarns are wound spirally. Most frequently the covering threads completely cover the core, but in some cases the turns of the spiral are spaced; in the latter case, the product may have somewhat the appearance of certain multiple (folded), cabled or fancy yarns of Chapters 50 to 55, but may be distinguished from them by the characteristic of gimped yarn that the core does not itself undergo a twisting with the cover threads. -3-

The Quality AMICO yarn fits the description of a gimped yarn given in the cited Explanatory Note. The two black yarns are wrapped spirally around the core yarn which itself is not twisted with the black yarns. Thus, the Quality AMICO yarn is classified as a gimped yarn.


The Quality AMICO yarn at issue is classified as a gimped yarn in subheading 5606.00.0000, HTSUSA, textile category 201, dutiable at 11.2 percent ad valorem.

The Quality INDIANA yarn at issue is classified as a yarn of combed wool, not put up for retail sale, containing less than 85 percent by weight of wool, in subheading 5107.20.0000, HTSUSA, textile category 400, dutiable at 8.7 percent ad valorem.

DD 813018 is hereby modified to accord with the above, effective the date of this letter.

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.


John Durant, Director
Commercial Rulings Division

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