The tariff classification of knitting yarns, chenille yarn, and a pompom, from Italy or Turkey

N247899 December 3, 2013 CLA-2-55:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 5511.10.0030, 5606.00.0090, 6307.90.9889 Ms. Kelly Morrison Metropolis Customs Brokers 156-15 146th. Avenue, Suite 110 Jamaica, NY 11434 RE: The tariff classification of knitting yarns, chenille yarn, and a pompom, from Italy or Turkey Dear Ms. Morrison: In your letter dated Nov. 6, 2013, you requested a tariff classification ruling on behalf of your client, Orchard Yarn of Carlstadt, New Jersey. You submitted three hanks of knitting yarn. The first, Heartland, is stated to be 100% acrylic. The label states that the hank is 230 meters and 142 grams. The decitex is in excess of 6,000. The second, Country, is also said to be 100% acrylic. It is a 2-ply twisted bulky staple-fiber knitting yarn. The sample is unlabeled but we assume it is in the form in which it will be imported: the length is unstated but it weighs 148 grams. A simple desk test reveals the decitex to be well in excess of 2,000. By virtue of weight and decitex, both yarns meet the tariff definition of “put up for retail sale” found in Section XI, Note 4, Harmonized Tariff Schedule of the United States (HTSUS). The applicable subheading for the yarns Heartland and Country will be 5511.10.0030, HTSUS, which provides for yarn (other than sewing thread) of man-made staple fibers, put up for retail sale, of synthetic staples fibers, containing 85 percent or more by weight of such fibers, acrylic. The duty rate will be 7.5% ad valorem. Style Keppi is an unlabeled ball of yarn weighing approximately 50 grams packaged with a pompom. In your letter you state that the yarn is 80% acrylic and 20% polyester; however, in a telephone conversation with this office you stated 88% acrylic and 12% polyester. While the difference does not affect the classification, it is required that the label reflect the actual fiber content. The yarn has three sections, so to speak. Most of it is a 3-ply twisted staple-fiber yarn, and most of that is light blue, with sections of it in other colors. Every few yards there is a 7-foot section of chenille construction. It is this chenille section that imparts the essential character to the yarn. General Rule of Interpretation 3(b), HTSUS, noted. The applicable subheading for the yarn, style Keppi, will be 5606.00.0090, HTSUS, which provides for chenille yarn. The rate of duty will be 8% ad valorem. Keppi comes packaged with a pompom that is made of a knit pile fabric formed into a 2-3”- diameter ball filled with textile staple fibers. The yarn and pompom will not be packaged with any instructions dedicating it for any particular item, such as a hat with a pompom. The applicable subheading for the pompom will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division