CLA-2-52:RR:NC:N3:351 L80428
Mr. Igor Burdetsky
Blank Trade Group, Ltd.
350 Fifth Ave.
Room 1808
New York, NY 10118
RE: The tariff classification of cotton yarn from China.
Dear Mr. Burdetsky:
In your letter dated Oct. 29, 2004, you requested a ruling on tariff classification.
You have submitted cotton yarn wound on a cone weighing in excess of 125 grams. You describe the yarn as 90% cotton, 10% polyester, with an English number (nE) of 6/1, the 1 meaning that it is a single yarn. The 6 translates to a metric number (nm) of 10.16. You state that it is open end, spun from regenerated cotton cuttings fiber. We assume it is uncombed. It appears not to be dressed for sewing thread and not mercerized.
The applicable subheading for this product will be 5205.11.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for cotton yarn (other than sewing thread), containing 85 percent or more by weight of cotton, not put up for retail sale, single yarn, of uncombed fibers, not exceeding 14 nm, unbleached, not mercerized. The general rate of duty will be 3.7 percent ad valorem.
This product falls within textile category designation 300. Based upon international textile trade agreements products of China are currently subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
You state that the spinning mill classifies this yarn as waste in subheading 5202.10.0000, HTS, which provides for cotton waste, yarn waste (including thread waste). However, the fact that the yarn may be manufactured from waste does not in any way make the manufactured yarn itself waste. In this case, the quality of the raw material is irrelevant. We find that this yarn is not waste.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).
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,
National Commodity
Specialist Division