The tariff classification and status under the North American Free Trade Agreement (NAFTA), of chenille yarn from Canada; Article 509

NY J86687 July 25, 2003 CLA-2-56:RR:NC:N3:351 J86687 CATEGORY: Classification TARIFF NO.: 5606.00.0090 Joanne Israel Willson International Inc. 27247 Northline Road Taylor, MI 48180 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of chenille yarn from Canada; Article 509 Dear Ms. Israel: In your letter dated June 23, 2003, you requested a tariff classification ruling. You submitted samples of three yarns. The first is item 241004, Patons Allure. It is composed of two nylon filament chenille yarns, manufactured in Turkey; these are twisted together in Canada to form the finished yarn. The applicable subheading for the chenille yarn will be 5606.00.0090, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for chenille yarn. The duty rate will be 8.4 percent ad valorem. The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/56, HTSUSA, which requires the following: A change to headings 5601 through 5609 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, or chapters 54 through 55. Since Patons Allure is made in Canada from two chenille yarns made in Turkey, each of which is classifiable in heading 5606, the required change does not take place. The country of origin of Patons Allure is Turkey. Your inquiry does not provide enough information for us to give a classification ruling on the other two samples. Please provide a sample of Patons Divine, Item 241006, and Patons Brilliant, Item 246103, each in the size ball in which it will be imported. In addition, please tell us the decitex of Divine. Also, you describe Brilliant as 65% acrylic, 22% nylon, and 13% polyester. It appears that the polyester strips are metalized; is this the case? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include a copy of this letter. 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