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NY N008907

March 30, 2007



TARIFF NO.: 5511.30.0000

Nancy deVries
Spinrite LP
320 Livingstone Ave. S
Listowel, Ontario N4W 3H3

RE: The tariff classification of yarn from China

Dear Ms. DeVries:

In your letter dated March 23, 2007, you requested a tariff classification ruling.

The submitted sample is a ball of yarn that is identified as “Bernat Soy” (Product Number 164115). You state that it is constructed from a blend of 50% soy fiber and 50% acrylic staple fiber. For purposes of this ruling, we are assuming that what you call soybean is actually an artificial fiber, rayon, that is derived from soybeans.

The yarn is spun in China, wound onto 5 lb. cones, and exported to Canada. In Canada it is wound into 122-meter balls weighing 70 grams. Our examination reveals that the 4-ply twisted yarn has a decitex of approximately 6000. By virtue of the weight and decitex, the yarn meets the tariff definition of "put up for retail sale" found in Section XI, Note 4, Harmonized Tariff Schedule of the United States (HTSUS).

Due to the fact that the “Bernat Soy” yarn is to be constructed of a 50/50 blend of fibers, it is classified using Section XI Note 2(A), HTSUS. The yarn will be classified as if it consisted wholly of that one textile material which is covered by the heading that occurs last in numerical order among those that equally merit consideration. Both synthetic yarn (acrylic) and artificial (rayon/soybean) yarn are in heading 5511, but the artificial appears last.

The applicable subheading for the Bernat Soy yarn will be 5511.30.0000, HTSUS, which provides for “Yarn (other than sewing thread) of man-made staple fibers, put up for retail sale: Of artificial staple fibers.” The rate of duty will be 7.5% ad valorem.

Please note that even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The yarn may be subject to Customs laboratory analysis at the time of importation, and if the yarn is other than a 50/50 blend it may be reclassified by Customs at that time.

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/.

HTSUS 5511.30.0000 falls within textile category 200. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.


Robert B. Swierupski

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