CLA-2-52:OT:RR:NC:N3:351

Ms. Kelly Morrison
Metropolis Customs Brokers
156-15 146th Ave., Suite 110
Jamaica, NY 11434

RE: The tariff classification of cotton yarn from Italy or Turkey.

Dear Ms. Morrison:

In your letter dated Sept. 29, 2008, you requested a tariff classification ruling on behalf of Orchard Yarn, of Carlstadt, New Jersey, on tariff classification. The samples that you submitted are being returned.

You submitted four yarn samples. The first is 74% cotton/24% acrylic/2% other. It is a hank wrapped in a retail commercial wrapper. The hank weighs approximately 100 grams. 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). It has a final "S" twist, so it does not conform to the tariff definition of sewing thread found in Note 5 to Section XI, HTSUS.

The applicable subheading for the cotton yarn will be 5207.90.0000, HTSUS, which provides for cotton yarn (other than sewing thread) put up for retail sale, other. The rate of duty will be 5% 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/.

Your inquiry does not provide enough information for us to give a classification ruling on the other yarns. Your request for a classification ruling should include the following:

Organic wool: Will it be imported in the hank you sent? If not, please provide the packaging as it will be imported. Is it carded, or carded and combed? Is the fiber diameter greater than 18.5 microns?

Cashmere: Will it be imported in the hank you sent? If not, please provide the packaging as it will be imported. Is it carded, or carded and combed?

Mohair/silk: Will it be imported in the hank you sent? If not, please provide the packaging as it will be imported. Is it carded, or carded and combed?

When this information is available, you may wish to consider resubmission of your request. We are returning the samples. If you decide to resubmit your request, please include all of the material that we have returned to you, including a copy of this letter.

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