CLA-2-55:OT:RR:NC:N3:351

Nancy deVries C.C.S.
Spinrite, LP
320 Livingstone Avenue South
Listowel, Ontario N4W 3H3
Canada

RE: The tariff classification of artificial staple fiber yarn from China

Dear Ms. deVries:

In your letter dated November 26, 2008, you requested a tariff classification ruling.

The submitted sample is a ball of artificial staple yarn that you identify as Patons Angora Bamboo (Product Number 244090). You state that it is a blend of 55% bamboo, 35% wool, and 10% angora. For purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber which is derived from bamboo.

You indicate that it is blended, spun, balled on a cardboard support, and packaged in China and then sent to your facility ready for resale in 50 gram/73 meter balls.

The yarn meets 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 artificial staple yarn will be 5511.30.0000, HTSUS, which provides for yarn (other than sewing thread) of man-made staple fibers, put up for retail sale, of artificial staple fibers. The rate of duty will be 7.5% ad valorem.

The above yarn classifications fall within textile category 200. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the "Textile Status Report for Absolute Quotas" which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at www.otexa.ita.doc.gov.

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/.

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,

Robert B. Swierupski
Director
National Commodity Specialist Division