The tariff classification of chenille yarn from Taiwan

N096195 March 9, 2010 CLA-2-56:OT:RR:NC:TA:351 CATEGORY: Classification TARIFF NO.: 5606.00.0090 Chris Guo Texlink Import Companies, Inc. 207 Mineola Ave., Suite 555 Roslyn Heights, NY 11577 RE: The tariff classification of chenille yarn from Taiwan Dear Mr. Guo: In your letter dated Feb. 25, 2010, you requested a tariff classification ruling. The submitted sample is a hank of chenille yarn, described as “Rayon Chenilles 3Nm.” You state that it will be used for weaving upholstery fabric. You state that the yarn is manufactured as follows: The subject yarn is made with 2 ends of 100% Rayon ring spun yarn used as the “core” yarns, plus 2 ends of rayon ring spun yarns used as the “pile” yarns. The Rayon fibers in the core and pile yarn are both of Thailand origin and were both spun in Thailand and subsequently imported into Taiwan for chenille manufacturing. The applicable subheading for the chenille yarn will be 5606.00.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chenille 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 World Wide Web at http://www.usitc.gov/tata/hts/. You state in your letter that you believe that “since there is no domestic US production of any rayon fiber, the subject rayon chenille yarns, although made in Taiwan, would qualify for NAFTA.” Please be advised that your understanding of NAFTA is incorrect. In order to be eligible under NAFTA, the imported chenille yarn must be produced in the United States, Canada, or Mexico. We refer you to General Note 12 of the tariff. 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