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NY L88923

December 14, 2005

CLA-2-56:RR:NC:N3:351 L88923


TARIFF NO.: 5109.10.9000, 5606.00.0090, 5607.50.3500

Kelly Morrison
Metropolitan Customs Brokers, Inc.
156-15 146th Avenue
Suite 110
Jamaica, NY 11434

RE: The tariff classification of yarns and cord from Italy or Turkey

Dear Ms. Morrison:

In your letter dated November 18, 2005, you requested a tariff classification ruling on behalf of your client, Orchard Brand Yarns, of Carlstadt, New Jersey.

You submitted four samples. Item #1, Lion Cashmere Blend, is a three-ply twisted yarn composed of a blend of 72% Merino wool, 14% cashmere, and 14% nylon. The ball weighs 40 grams and contains 77 meters of yarn. By virtue of the weight and decitex (approximately 5200), the yarn meets the tariff definition of "put up for retail sale" found in Note 4 to Section XI, Harmonized Tariff Schedule of the United States (HTS). We assume the wool fibers to be greater than 18.5 microns in average diameter.

The applicable subheading for Lion Cashmere Blend will be 5109.10.9000, HTS, which provides for yarn of wool or fine animal hair, put up for retail sale: Containing 85% or more by weight of wool: Other:Other:Other. The rate of duty will be 6% ad valorem.

Item #2, Mystery, is 76% acrylic and 24% wool; we assume from our examination that the acrylic is staple fiber. From our desk examination, it appears that the acrylic staple fibers have been spun into a yarn that is black in color and has been cut into segments 24” or so in length. The wool fibers have been spun into a looser, bulkier yarn, white in color, cut into 3” segments. The black acrylic segments are attached to the white wool segments by twisting them end-to-end. The entire length of the yarn is gimped, or wrapped, by a fine black yarn, creating a rickrack effect.

The applicable subheading for Mystery will be 5606.00.0090, HTS, which provides for gimped and chenille yarns. The rate of duty will be 7.5% ad valorem.

Item #3, Big, is a three-ply twisted yarn of 80% acrylic and 20% wool; again, we believe the acrylic is staple fiber. The ball weighs 170g and contains 40m of yarn; the decitex is approximately 42,500. Note 3(b) to Section XI, HTS, states that yarns of manmade fibers measuring greater than 10,000 decitex are classified as cordage in heading 5607, HTS.

The applicable subheading for Big will be 5607.50.3500, HTS, which provides for twine, cordage, rope, and cable; of other synthetic fibers; not braided or plaited; other. The rate of duty will be 19.9 cents/kg + 10.8 percent ad valorem.

Item #4, Tiffany, is a 100% nylon knit yarn with one-inch yarn segments protruding from the stitches along one side, creating a chenille effect.

The applicable subheading for Tiffany will be 5606.00.0090, HTS, which provides for gimped and chenille yarns. The rate of duty will be 7.5 percent ad valorem.

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.


Robert B. Swierupski

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