CLA-2-55:OT:RR:NC:N3:351
Mr. Mark Moraca
Kollage Yarns
3304 Blue Bell Lane
Birmingham, AL 35242
RE: The tariff classification of a blended yarn from China
Dear Mr. Moraca:
In your letter dated March 13, 2008, you requested a tariff classification ruling. The sample which you submitted was examined and disposed of.
The sample is a skein of four-ply twisted staple fiber yarn labeled 50% wool, 50% milk. According to Note 1(b) to Chapter 54, HTSUS, milk (casein) is an artificial fiber. The yarn will be imported on 1-kilo cones.
Due to the fact that the yarn is to be constructed of a 50/50 blend of fibers, it is classified using HTSUS Section XI Note 2(A). The yarn will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Wool yarn is classified in Chapter 51, while artificial staple fiber yarn is classified in Chapter 55; thus, this yarn will be classified in Chapter 55.
The applicable subheading for the yarn that contains 50% wool and 50% artificial fibers will be 5510.20.0000, HTSUS, which provides for yarn (other than sewing thread) of artificial staple fibers, not put up for retail sale; other yarn; mixed mainly or solely with wool or fine animal hair. The rate of duty will be 10.2% 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/.
Subheading 5510.20.0000, HTSUS, falls within textile category 607. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.
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 it is other than a 50/50 blend it may be reclassified by Customs at that time.
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,
National Commodity
Specialist Division