CLA-2-55:S:N:N3H:351 859288

5605.00.0090


Mr. Louis J. Michot
Louis J. Michot & Associates, Inc.
3125 Pinhook Road
Lafayette, Louisiana 70508

RE: The tariff classification of four novelty yarns put up for retail sale from Mexico.

Dear Mr. Michot:

In your letter dated December 26, l990, you requested a tariff classification ruling.

You have submitted four samples of hand knitting novelty or fancy yarns identified as follows: "Fiorenza," which is made of 55% acrylic fibers/ 25% cotton/ 20% wool; "Ninfa," which is made of 55% viscose (rayon)/ 45% cotton; "Siboney," which is made of 55% cotton/ 45% acrylic; and "D'Or,"which is made of 60% acrylic/ 30% wool/ 10% metallic Lurex. The four yarns are plied, and they are assumed to be of staple fibers. The "Fiorenza" yarn is fuzzy, and the "Siboney" and "Ninfa" are slub yarns contain thick and thin plies. The "D'Or" yarn, which contains metalized yarn, is assumed to have twist of 5 turns per meter or more. The samples are put up for retail sale in balls or skeins weighing 40 or 50 grams each.

The applicable subheading for the "Fiorenza" novelty yarn will be 5511.20.0000, Harmonized Tariff Schedule of the United States (HTS), 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 rate of duty will be 13 percent ad valorem. The "Ninfa" novelty yarn will be classifiable under the provision for yarn (other than sewing thread) of man-made staple fibers, put up for retail sale, of artificial staple fibers, in subheading 5511.30.0000, HTS. The rate of duty will be 13 percent ad valorem.

The "Siboney" novelty yarn will be classifiable under the provision for cotton yarn (other than sewing thread) put up for retail sale, other, in subheading 5207.90.0000, HTS. The rate of duty will be 5 percent ad valorem.

The ""D'Or" yarn will be classifiable under the provision for metalized yarn, whether or not gimped, being textile yarn,..., combined with metal in the form of thread, strip or powder or covered with metal, other, in subheading 5605.00.0090, HTS. The rate of duty will be 15 percent ad valorem. The "Fiorenza," "Siboney" and "Ninfa" novelty yarns falls within textile category designation 200. The "D' Or" metallic yarn falls within category 201. Based upon international textile trade agreements, products of Mexico are subject to the requirements of a visa. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraints Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport