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NY M80840





February 22, 2006

CLA-2-51:RR:NC:N3:351 M80840

CATEGORY: CLASSIFICATION

TARIFF NO.: 5109.90.9000

Charles G. Hartill
Capital Transportation Customs Clearance Services, Inc. 167-18 146th Avenue
Jamaica, NY 11434

RE: The tariff classification of yarn from Peru

Dear Mr. Hartil:

In your letter dated January 31, 2006, you requested a tariff classification ruling on behalf of your client, Berroco Inc., of Uxbridge, Mass.

The submitted sample is a skein of yarn that you indicate is made of 50 percent alpaca and 50 percent wool.

The skein weighs 98 grams and a desk test reveals the decitex to be approximately 5200; by virtue of Note 4 to Section XI, Harmonized Tariff Schedule of the United States (HTSUS), the yarn is considered “put up for retail sale.” We assume the wool fiber has a greater average fiber diameter than 18.5 microns.

The applicable subheading for the yarn will be 5109.90.9000, HTSUS, which provides for "Yarn of wool or fine animal hair, put up for retail sale: . . . Other : . . . Other: . . . Other: . . . Other.” The rate of duty will be 6% 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.

Sincerely,

Robert B. Swierupski
Director,

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