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NY K89101

September 24, 2004

CLA-2-56:RR:NC:N3:351 K89101


TARIFF NO.: 5606.00.0090, 5207.10.0000

Mr. Patrick La Quaglia
Masterpiece, Int'l, Ltd.
2300 Higgins Road
Suite 301
Elk Grove Village, IL 60007-2618

RE: The tariff classification of chenille yarns from China and cotton yarn from Australia.

Dear Mr. La Quaglia:

In your letter dated Sept. 1, 2004, you requested a ruling on behalf of Sullivans USA Inc., of Downers Grove, Illinois, on tariff classification.

You submitted four samples of yarns; three are 100% polyester knitting yarns. The first of these, Samba, is a two-ply twisted yarn. One ply is a knit yarn with inch-long fibers protruding along one side, creating an eye-lash effect; this is considered to be a chenille yarn. The other ply is braided with small tufts of yarn protruding every inch or so. The essential character of this yarn is chenille.

The second sample, Tickle, is identical to the chenille ply of Samba.

The third sample, Sashay, is a braided yarn with tufts of fibers held in the loops, creating a chenille effect along one side.

The applicable subheading for these three chenille yarns will be 5606.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for chenille yarn. The general rate of duty will be eight percent ad valorem.

You suggest in your letter that the proper classification for these three yarns is in subheading 5406.10.0040, HTS, which provides for man-made filament yarn (other than sewing thread), put up for retail sale, of polyesters. However, the provision for chenille yarns is more specific.

The fourth sample is a 100% cotton crochet and knitting yarn wound around a cardboard support. The total weight is less than 125 grams; according to Section XI, Note 4, HTS, the yarn is put up for retail sale. It does not appear to be dressed for sewing thread.

The applicable subheading for the cotton yarn will be 5207.10.0000, HTS, which provides for cotton yarn (other than sewing thread) put up for retail sale, containing 85 percent or more by weight of cotton. The rate of duty will be Free.

The cotton yarn classified in HTS 5207.10.0000 falls within category designation 200. The chenille yarns classified in HTS 5606.00.0090 fall within category designation 201. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa, but products of Australia are not.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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

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.


Robert B. Swierupski

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