CLA-2-56:OT:RR:NC:N3:351
Ms. Kelly Morrison
Metropolis Customs Brokers
156-15 146th Avenue, Suite 110
Jamaica, NY 11434
RE: The tariff classification of yarns from Italy and Turkey
Dear Ms. Morrison:
In your letter dated May 1, 2012, you requested a tariff classification ruling on behalf of your client, Orchard Yarn of Carlstadt, New Jersey.
You submitted six hanks of yarn. Style 135, Hometown USA, Pittsburgh Yellow, is a four-ply twisted yarn of 100% acrylic. The hank weighs 142 grams and contains 74 meters of yarn, with a resulting decitex of approximately 19,000. Note 3(A) (b) to Section XI, Harmonized Tariff Schedule of the United States (HTSUS), states that yarns of manmade fibers measuring greater than 10,000 decitex are classified as cordage in heading 5607, HTSUS.
The applicable subheading for Style 135, Hometown USA, Pittsburgh Yellow, will be 5607.50.3500, HTSUS, which provides for twine, cordage, rope, and cable; of other synthetic fibers; not braided or plaited; other. The rate of duty will be 19.9 cents/kg + 10.8% ad valorem.
Because a U.S. reference appears on Style 135, Hometown USA, it is necessary to consider the necessity for additional marking. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” Product of,” or other words of similar meaning. The purpose of this requirement is to prevent the possibility of misleading or deceiving the ultimate purchaser of an article as to the actual origin of the imported good.
Style 150 Fishermen’s Wool™ comes in two forms. Birch Tweed is a two-ply twisted yarn of 78% wool, 13% acrylic and 9% rayon; each ply is itself a two-ply twisted yarn. The 318-meter hank weighs 170 grams. Maple Tweed is 100% wool in a 227-gram, 425-meter hank. Each has a decitex of approximately 5300. By virtue of the weight and decitex, the yarn meets the tariff definition of “put up for retail sale” found in Section XI, Note 4, HTSUS.
The applicable subheading for style 150 Fishermen’s Wool (Birch Tweed and Maple Tweed) will be 5109.90.9000, HTSUS, which provides for yarn of wool or fine animal hair, put up for retail sale:…Other:…Other:…Other. The rate of duty will be 6% ad valorem.
Style 320 Fun Fur is a 100% polyester yarn. It is constructed of a knit yarn with three-inch lengths of staple fibers caught in the loops of the knit yarn, creating a chenille effect.
The applicable subheading for style 320 Fun Fur will be 5606.00.0090, HTSUS, which provides for chenille yarn. The rate of duty will be 8% ad valorem.
Style 480 Nature’s Choice Almond is 100% cotton yarn; the cotton is said to be organic. It comes in an 85-gram hank. The yarn is constructed of a core of untwisted fibers gimped, or wrapped, by three twisted plies, creating a crimped effect.
The applicable subheading for style 480 Nature’s Choice Almond will be 5606.00.0090, HTSUS, which provides for gimped yarn. The rate of duty will be 8% ad valorem.
Style 620 Wool-Ease® Blossom is a four-ply twisted yarn of 80% acrylic and 20% wool. The hank weighs 85 grams and contains 180 meters of yarn, with a resulting decitex of approximately 4700. By virtue of the weight and decitex, the yarn meets the tariff definition of “put up for retail sale” found in Section XI, Note 4, HTSUS.
The applicable subheading for style 620 Wool-Ease Blossom will be 5511.20.0000, HTSUS, which provides for “Yarn (other than sewing thread) of man-made staple fibers, put up for retail sale: of synthetic staple fibers, containing less than 85 percent by weight of such fibers: acrylic.” The rate of duty will be 7.5% ad valorem.
Style 790 Homespun® Mixed Berries is 98% acrylic and 2% polyester yarn in a hank that weighs 170 grams. The yarn is constructed of a core of untwisted fibers gimped by three twisted plies, creating a crimped effect.
The applicable subheading for Style 790 Homespun Mixed Berries will be 5606.00.0090, HTSUS, which provides for gimped yarn. The rate of duty will be 8% 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 the World Wide Web at http://www.usitc.gov/tata/hts/.
Your samples will be returned. In the future, please limit your ruling requests to five (5) items.
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,
Thomas J. Russo
Director
National Commodity Specialist Division