CLA-2-55:OT:RR:NC:N3:351
Ms. Roxann Harry-Potter
ALPI Customs Brokers
70 East Sunrise Highway, Suite 607
Valley Stream, NY 11581
RE: The tariff classification of yarns from India and China
Dear Ms. Harry-Potter:
In your letter dated June 18, 2019, you requested a tariff classification ruling on behalf of your client, Orchard Yarn. Samples will be retained.
You submitted four yarn samples. The yarns will be imported on skeins of a weight not exceeding 500 grams, which meets the tariff definition of “put up for retail sale” found in Section XI, Note 4(b)(iii), Harmonized Tariff Schedule of the United States (HTSUS).
Winter Nights, Article #251 is composed of 65 percent acrylic and 35 percent polyester. It is a three ply yarn, and the weight of the cake is 100 grams. The yarn is imported from China.
Shimmerie, Article #252 is composed of 99 percent acrylic, and 1 percent other. It is a single ply yarn with a metallic strip, and the weight of the cake is 100 grams. The yarn is imported from India. Please note the metallic strip meets the dimensional requirements of textile strips contained in Section XI, Note 1(g), Harmonized Tariff Schedule of the United States (HTSUS). Moreover a yarn that contains any amount of metal is regarded in its entirety as metalized yarn for classification purposes.
Mandala Roving, Article #553 is composed of 100 percent Acrylic. It is a twisted yarn, single ply and the weight of the hank is 150 grams. It will be imported from China.
Touch of Cashmere, Article #678 is composed of 90 percent acrylic, 10 percent Cashmere. The yarn is a four ply yarn and the weight of the skein is 100 grams. It will be imported from China.
The applicable subheading for both Mandala Roving, Article #553, and Touch of Cashmere, Article #678 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 percent ad valorem.
The applicable subheading for Winter Nights, Article #251 will be 5511.20.0000, HTSUS, which provides for yarn (other than sewing thread) of man-made staple fibers, put up for retail sale; of synthetic staple fibers, containing less than 85 percent by weight of such fibers. The duty rate will be 7.5 percent ad valorem.
The applicable subheading for Shimmerie, Article #252 will be 5605.00.1000, HTSUS, which provides for metalized yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the forms of thread, strip or powder or covered with metal. The duty rate will be 7.5 percent ad valorem.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). See also “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheading 5511.10.0030 and 5511.20.0000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 5511.10.0030 and 5511.20.0000, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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
https://hts.usitc.gov/current.
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 Adleasia Lonesome via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division