The tariff classification of yarns from Turkey and Italy

N090248 January 12, 2010 CLA-2-63:OT:RR:NC:TA:351 CATEGORY: Classification TARIFF NO.: 5109.90.9000 Kelly Morrison Metropolis Customs Brokers, Inc. 156-15 146th Street, Suite 110 Jamaica, NY 11434 RE: The tariff classification of yarns from Turkey and Italy Dear Ms. Morrison: In your letter dated Dec. 30, 2009, on behalf of Orchard Yarn of Carlstadt, New Jersey, you requested a tariff classification ruling. The submitted sample is a ball of yarn identified as Art. 1346/304. It is described as 72% wool/15% polyamide/13% cashmere. It is a three-ply twisted multiple yarn. The ball weighs 40 grams and is labeled as 80 meters. The decitex is approximately 5000. For purposes of this ruling, we assume the ball we have received is how the yarn will be imported. 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(A)(b), Harmonized Tariff Schedule of the United States (HTSUS). The applicable subheading for the wool yarn 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. 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/. The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part: Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S. Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”). 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