The tariff classification of a cotton yarn from Vietnam

N333135 November 22, 2023 CLA-2-52:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 5206.12.0000 Mr. Michael Murray DeSales Trading Company, Inc. PO Box 269, 609 Tucker StreetBurlington, NC 27216 RE:  The tariff classification of a cotton yarn from Vietnam Dear Mr. Murray: In your letter dated May 25, 2023, you requested a tariff classification ruling.  A sample was provided and sent for laboratory analysis.  The sample will be retained for training purposes. The sample, described as a “16/1 (Ne),” is a yarn stated to be composed of 50 percent cotton and 50 percent polyester staple fibers.  The yarn will be used in commercial settings to produce circular knit fabrics. According to U.S. Customs and Border Protection (“CBP”) laboratory analysis, the sample described as “16/1 (Ne)” is a 1-ply yarn composed of 50.3 percent cotton and 49.7 percent polyester stable fibers with a decitex of 378.  The yarn is of uncombed construction and is not considered mercerized.  The metric count (Nm) of the yarn is 26.5.  The weight of the sample with support is 3095.2 grams. You have suggested that the yarn should be classified under subheading 5206.11.0000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for “Cotton yarn (other than sewing thread), containing less than 85 percent by weight of cotton, not put up for retail sale: Single yarn, of uncombed fibers: Not exceeding 14 nm.”  We disagree.  According to CBP laboratory analysis the metric count (Nm) of the yarn is 26.5.  Hence, the applicable subheading for the yarn will be 5206.12.0000, HTSUS, which provides for “Cotton yarn (other than sewing thread), containing less than 85 percent by weight of cotton, not put up for retail sale: Single yarn, of uncombed fibers: Exceeding 14 nm but not exceeding 43 nm.”  The rate of duty will be 9.2 percent 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 at https://hts.usitc.gov/current. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Kristine Dodge at kristine.dodge@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division