CLA-2 R:C:T 958390 CMR
Ms. Irina Mangiere
Lineapiu' Group USA
561 Seventh Avenue, Room 803
New York, New York 10018
RE: Modification of District Decision (DD) 813018 of August 14,
1995; Classification of yarns from Italy
Dear Ms. Mangiere:
On August 14, 1995, Customs issued DD 813018 to you in which
we classified six samples of yarns from Italy. It has come to
our attention that we erred in the classification of two of the
samples and thus we are issuing this modification letter to
correct the error. The two yarn samples at issue are the Quality
AMICO and Quality INDIANA yarns.
FACTS:
The Quality AMICO yarn is composed of 40 percent Merino
wool, 35 percent polyacrylic, and 25 percent polyamid fibers. In
DD 813018, the yarn is described as a single ply worsted yarn.
However, Customs' National Import Specialist (NIS) who
specializes in the classification of yarns has examined the
sample yarn and describes it as follows:
At the core of this yarn is a lighter-colored staple fiber
yarn, around which are wrapped two black multifilament
yarns. One of these yarns is wrapped around the core yarn
in the clockwise direction, while the other is wrapped in
the counter-clockwise direction.
The Quality INDIANA is described in DD 813018 as a four ply
worsted yarn composed of 40 percent Merino wool, 35 percent
polyacrylic and 25 percent cotton fibers. The NIS examined the
sample yarn and describes it as a three ply twisted yarn.
In DD 813018, both yarns were classified in subheading
5509.61.0000, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for yarn (other than sewing -2-
thread) of synthetic staple fibers, not put up for retail sale;
other yarn, of acrylic or modacrylic staple fibers; mixed mainly
or solely with wool or fine animal hair.
ISSUE:
Were the yarns at issue correctly classified in DD 813018 in
subheading 5509.61.0000, HTSUSA?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes and, provided
such headings or notes do not otherwise require, according to
[the remaining GRIs taken in order]."
Heading 5509, HTSUSA, provides for yarn (other than sewing
thread) of synthetic staple fibers, not put up for retail sale.
In classifying goods in Chapter 55, wherein heading 5509 is
found, we must consider Section Note 2(A), Section XI, which
states, in relevant part:
Goods classifiable in chapters 50 to 55 or in heading 5809
or 5902 and of a mixture of two or more textile materials
are to be classified as if consisting wholly of that one
textile material which predominates by weight over each
other single textile material.
In regard to the Quality INDIANA yarn, wool is the fiber
which predominates by weight over the cotton and polyacrylic
fibers. Therefore, the yarn is classifiable as a wool yarn and
not as a yarn of synthetic staple fibers.
Heading 5606, HTSUSA, provides for, among other things,
gimped yarn. The Explanatory Notes to the Harmonized Commodity
Description and Coding System, the official interpretation of the
tariff at the international level, describe gimped yarns of
heading 5606 as follows:
These products are composed of a core, usually of one or
more textile yarns, around which other yarn or yarns are
wound spirally. Most frequently the covering threads
completely cover the core, but in some cases the turns of
the spiral are spaced; in the latter case, the product may
have somewhat the appearance of certain multiple (folded),
cabled or fancy yarns of Chapters 50 to 55, but may be
distinguished from them by the characteristic of gimped yarn
that the core does not itself undergo a twisting with the
cover threads. -3-
The Quality AMICO yarn fits the description of a gimped yarn
given in the cited Explanatory Note. The two black yarns are
wrapped spirally around the core yarn which itself is not twisted
with the black yarns. Thus, the Quality AMICO yarn is classified
as a gimped yarn.
HOLDING:
The Quality AMICO yarn at issue is classified as a gimped
yarn in subheading 5606.00.0000, HTSUSA, textile category 201,
dutiable at 11.2 percent ad valorem.
The Quality INDIANA yarn at issue is classified as a yarn of
combed wool, not put up for retail sale, containing less than 85
percent by weight of wool, in subheading 5107.20.0000, HTSUSA,
textile category 400, dutiable at 8.7 percent ad valorem.
DD 813018 is hereby modified to accord with the above,
effective the date of this letter.
The designated textile and apparel category may be
subdivided into parts. If so, the visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service which is updated weekly and
is available for inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division