CLA-2-56:OT:RR:NC:N3:351
Ms. Kelly Morrison
Metropolis Customs Brokers
156-15 146th. Avenue, Suite 110
Jamaica, NY 11434
RE: The tariff classification of a knit yarn from Portugal
Dear Ms. Morrison:
In your letter dated Aug. 6, 2013, you requested a tariff classification ruling on behalf of your client, Orchard Yarn of Carlstadt, New Jersey.
You submitted a ball of knitting yarn. It appears to have been cut from a wide fabric to an apparent width of 7-8 mm with curled edges; when flattened, it is 22-23 mm wide. It is stated to be made from fibers reclaimed from chopped scraps of fabric. The label states, “100% Undetermined Fibers – Textile By-Products.” In a telephone conversation with this office you stated that the yarn is produced from fabric scraps and each run will be a different combination, with no set fiber content, but a combination of cotton and synthetic fibers.
It comes in a 312-gram hank that measures 50 meters. The yarn would not be considered “put up for retail sale” as that term is defined in Section XI, Note 4, Harmonized Tariff Schedule of the United States (HTSUS).
A product of such undetermined content is considered to be commingled goods. General Note 3(f)(i), HTSUS, states that
Whenever goods subject to different rates of duty are so packed together or mingled that the quantity or value of each class of goods cannot be readily ascertained by customs officers (without physical segregation of the shipment or the contents of any entire package thereof) . . . the commingled goods shall be subject to the highest rate of duty applicable to any part thereof unless the consignee or his agent segregates the goods pursuant to subdivision (f)(ii) hereof.
In the instant matter, it is cotton and synthetic staple fibers that are commingled. As such, we must determine all possible classifications for this yarn, with the provisos that it is not sewing thread and not put up for retail sale, and apply the highest rate of duty from among those possibilities.
The applicable tariff provision for the knit yarn will be 5509.99.6000, which provides for yarn, other than sewing thread, of synthetic staple fibers, not put up for retail sale, other yarn, other, other. The rate of duty will be 13.2%.
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/.
The sample will be returned.
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,
Myles B. Harmon
Acting Director
National Commodity Specialist Division