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NY N004470




December 26, 2006

CLA-2-52:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 5207.10.0000, 5511.10.0030

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

RE: The tariff classification of yarns from Italy, Turkey, or Peru

Dear Ms. Morrison:

In your letter dated December 13, 2006, you requested a tariff classification ruling on behalf of your client Orchard Yarn, of Carlstadt, N.J.

You submitted two samples of twisted multiple yarns. One is identified as “Organic Cotton” and is constructed of 100% cotton yarn. The label states that the skein weighs 50 grams and is 75 meters in length; we have determined that the decitex is approximately 6,667. The other yarn is identified as “Pearl” and is 100% acrylic. The ball weighs 103 grams and has a decitex of approximately 6,100, according to our calculation.

By virtue of the weight and decitex, both yarns meet the tariff definition of "put up for retail sale" found in Section XI, Note 4, Harmonized Tariff Schedule of the United States (HTSUS).

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

The applicable subheading for the Pearl yarn will be 5511.10.0030, HTSUS, which provides for yarn (other than sewing thread) of man-made staple fibers, put up for retail sale, of synthetic staple fibers, containing 85% or more by weight of such fibers, acrylic. The rate of duty will be 7.5% 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/.

Items classified in subheadings 5207.10.0000 and 5511.10.0030, HTSUS, fall within textile category designation 200. 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.

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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