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NY L86560

August 3, 2005

CLA-2-56:RR:NC:N3:351 L86560


TARIFF NO.: 5605.00.9000, 5606.00.0090

Karen E. Keeling
Evans and Wood & Co., Inc.
612 E. Dallas Rd.
Ste. 200
Grapevine, TX 76051

RE: The tariff classification of gimped and chenille yarns from China, Taiwan, and Turkey

Dear Ms. Keeling:

In your letter dated July 20, 2005, you requested a tariff classification ruling on behalf of Hobby Lobby Stores, of Oklahoma City, Oklahoma.

The submitted samples are five yarns. Article No. 702, identified as “Dilly Dally,” is a two-ply yarn that has a total fiber content of 67 percent nylon and 33 percent tactel (polyamide). It features a gimped construction. One ply is a knit yarn with small tufts of fibers inserted every ¾”. The other ply is a knit chenille yarn.

Article No. 16 (“Featherwisp”) is 100 percent nylon. It is also a two-ply yarn that features a gimped construction. One ply is a knit yarn with a “ladder” or “trellis” effect created when a knit fabric is cut in the warp direction, with the cut weft yarns creating the effect. The other ply is a knit chenille yarn.

Article No. 102 (“Airy Eyelash”) is a knit chenille yarn of 100 percent nylon. You state that it features a loop-wale construction; however, that is usually defined as a tubular yarn. This appears to be a chenille with a knit support yarn with loops of yarn extending ½”, creating the chenille effect.

The applicable subheading for the chenille and gimped yarns (702, 16, and 102) will be 5606.00.0090 , Harmonized Tariff Schedule of the United States (HTS), which provides for chenille and gimped yarn. The rate of duty will be 8 percent ad valorem. Article No. 406 (“Sassy Girl”) is also a two-ply gimped yarn. It has a total fiber content of 78 percent polyamide and 22 percent Lurex®, a metallic fiber. Even though the metallic yarn is only found in one ply, a yarn that contains any amount of metal is regarded in its entirety as metalized yarn for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal. Article 406 is considered to be 100% metallic.

Article No. 154, (“Intrigue”) has a fiber content of 57 percent polyamide, and 43 percent Lurex® (metallic). Again, you state that it features a loop-wale construction, but it appears to be knit, but not a tubular knit. Regardless, it is a metallic yarn.

The applicable subheading for the metallic yarns (406 and 154) will be 5605.00.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for metalized yarn, whether or not gimped, combined with metal in the form of thread, strip, or powder, or covered with metal: other. The duty rate will be 13.2%.

Merchandise classified in subheadings 5605.00.9000 and 5606.00.0090, HTS, falls within textile category designation 201. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at www.otexa.ita.doc.gov.

The samples will be retained in our files as official samples.

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.


Robert B. Swierupski

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