The tariff classification of chenille yarns from China

NY K89978 October 25, 2004 CLA-2-56:RR:NC:N3:351 K89978 CATEGORY: Classification TARIFF NO.: 5606.00.0090 Bea O’Halloran Evans and Wood & Co., Inc. 612 E. Dallas Road, Suite 200 Grapevine, TX 76051 RE: The tariff classification of chenille yarns from China Dear Ms. O’Halloran: In your letter dated Oct. 6, 2004, on behalf of Hobby Lobby, of Oklahoma City, you requested a tariff classification ruling. You submitted samples of three knitting yarns. Art. 66, Whirligig, is said to be 100% polyester. It is a knitted or braided yarn with short tufts of fibers protruding from the yarn, creating a chenille effect. Art. 600, Pitter Patter, is also described as 100% polyester. It is a knit yarn with even shorter protruding fibers than above. It may be manufactured by knitting a narrow fabric and slicing it down the middle, creating the chenille effect. Art. 86, Playful, is described as 70% acrylic and 30% nylon. It is a knitted or braided yarn with lengths of yarn protruding from the loops or braiding, creating the chenille effect. There are also strips, probably nylon, protruding, creating a glitter effect. The strips meet the dimensional requirements of man-made fiber textile strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTS). The applicable subheading for all three yarns will be 5606.00.0090, HTS, which provides for chenille yarn. The duty rate will be eight percent ad valorem. Subheading 5606.00.0090 falls within textile category designation 201. Based upon international textile trade agreements products of China are 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. The samples will be returned as requested. 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