CLA-2-52:S:N:N6:351 886361
Mr. Michael Meacham
Serendipity Designs
Modi Threads North America, Inc.
11301 International Drive
Richmond, VA 23236
RE: The tariff classification of cotton sewing thread and cotton
embroidery yarn put up for retail sale, from India.
Dear Mr. Meacham:
In your letter dated May 18, 1993, you requested a tariff
classification ruling and modification of a previous ruling.
You have submitted two samples of 100% cotton yarn products,
as follows: a small skein of 8 meters, 2.2 grams, of embroidery
floss identified as Modi's article # 0775; and a 100 gram cone of
the same product, identified as article # 0453. Only the put ups
of these yarns are different: article # 0775 is put up for retail
sale as a skein without support, and article # 0453 is put up on
a plastic machine bobbin. The embroidery floss is a twelve-ply
yarn (each of the six strands is plied) with a final "Z" twist.
According to our laboratory, the yarn is composed of carded cotton
fibers and has a single yarn number of 57 metric number (nm); the
sample is dressed. Both yarns will be used for hand embroidery
work, such as counter cross-stitching.
The applicable subheading for the small skein, item # 0775,
will be 5207.10.0000, Harmonized Tariff Schedule of the United
States (HTS), which provides for cotton yarn (other than sewing
thread) put up for retail sale, containing 85 percent or more by
weight of cotton. The duty rate will be 5 percent ad valorem.
The 100 gram cone, item # 0453, will be classifiable under the
provision for cotton sewing thread, whether or not put up for
retail sale, not put up for retail sale, containing 85 percent or
more by weight of cotton, in subheading 5204.11.0000, HTS. The
rate of duty will be 5 percent ad valorem.
The yarns fall within textile category designation 200. Based
upon international textile agreements, products of India are
subject to quota restraints and the requirement of a visa.
The designated textile and apparel category may be subdivided
into parts. If so, 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, we suggest that 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 available for inspection at your local Customs
office.
In your letter, you also requested reconsideration of ruling
number 827727 of April 10, 1992. That ruling dealt with the
classification of a cone of cotton yarn identified as article
V4102. That item differed from article 0453 in that (as you
informed Donald Corrigan of this office on April 7, 1992) article
V4102 was not dressed while article 0453 is dressed. If you wish
us to reconsider ruling 827727 please submit a full-bobbin sample
of article V4102 and, if applicable, inform us what particular
physical characteristics described in that ruling were incorrect.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport