The tariff classification of a metalized chenille yarn from China

N207978 March 19, 2012 CLA-2-56:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 5605.00.9000 Mr. Timothy W. Shearer Berwick Offray LLC 2015 West Front Street Berwick, PA 18603 RE: The tariff classification of a metalized chenille yarn from China Dear Mr. Shearer: In your letter dated March 6, 2012, you requested a tariff classification ruling. You submitted a sample of item T-05, a decorative metalized chenille yarn. It is constructed of two plies of knit yarns (you incorrectly refer to them as braided), each of which has metalized strips inserted through the loops, creating the chenille effect; one ply has green strips, the other, red. The strips meet the dimensional requirements of textile strips contained in Section XI, Legal Note 1(g), Harmonized Tariff Schedule of the United States (HTSUS). The two plies are then knitted together (not braided and not twisted) to form the yarn. The applicable subheading for the metalized yarn will be 5605.00.9000, HTSUS, which provides for metalized yarn, whether or not gimped, being textile yarn, combined with metal in the form of thread, strip, or powder or covered with metal; Other. The general rate of duty will be 13.2% ad valorem. You state that braided construction is not provided for in heading 5605 and so the yarn should be classified in heading 5606 as a chenille yarn. You are correct that a decorative braided yarn would not normally be classified in heading 5605; the correct classification for a braided decorative yarn would be in heading 5808 as a decorative braid. However, since item T-05 is not of a braided construction, that point is moot. Also, according to Note 2 to Section XI, HTSUS, a yarn that contains any amount of metal is regarded in its entirety as metalized yarn for tariff purposes. In addition, the Explanatory Notes to heading 5605 state, in relevant part: This heading covers: Yarn of any textile material (including monofilament, strip and the like, and paper yarn) covered with metal by any other process. 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/. 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