CLA-2-55: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 knitting yarns and a pompom, from Italy or Turkey

Dear Ms. Morrison:

In your letter dated Jan. 30, 2014, you requested a tariff classification ruling on behalf of your client, Orchard Yarn of Carlstadt, New Jersey.

You submitted five styles of knitting yarns. All are in hanks.

The first yarn, Vanna’s Tapestry, is 100% acrylic. It is a four-ply twisted staple-fiber yarn. The label states that the hank is 136 meters and weighs 85 grams.

The second sample, Vanna’s Palette, is eight small hanks, each 16 meters and 10 grams, 100% acrylic, twisted yarn packaged together in a plastic bag; each yarn is a different color.

The third, Zanzibar, style 826, is a 53% wool and 47% acrylic twisted yarn. The hank weighs approximately 50 grams.

All of the above yarns meet 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 Vanna’s Tapestry and Vanna’s Palette 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% ad valorem.

The applicable subheading for style 826, Zanzibar, will be 5109.90.9000, HTSUS, which provides for yarn of wool, put up for retail sale:… Other: Other: Other. The rate of duty will be 6% ad valorem.

Style Modern Baby is a 50% acrylic/50% nylon knit yarn, 158 meters, 75 grams. It, too, meets the tariff definition of “put up for retail sale” found in Section XI, Note 4.

The applicable subheading for Modern Baby will be 5511.10.0060, 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, other. The duty rate will be 7.5% ad valorem. Note 2(A) to Section XI, HTSUS, noted.

Style Keppi is an acrylic yarn intermittently combined with (either twisted with or gimped by) a chenille yarn that includes polyester textile strips that add to the chenille effect; 10 feet of the chenille yarn alternate with twenty or more feet of the twisted yarn. This yarn is considered a chenille yarn for tariff classification purposes.

Keppi comes packaged with a pompom that is made of a knit pile fabric formed into a 2-3”- diameter ball filled with textile staple fibers. The yarn and pompom are retail-packaged with a crochet hook and instructions for a hat with a pompom. The yarn, pompom, and hook imported as a retail whole are considered a set for tariff classification purposes under the terms of General Rule of Interpretation (GRI) 3. According to the terms of GRI 3(b), the essential character of the set is imparted by the yarn and the set will be so classified.

The applicable subheading for the yarn set Keppi will be 5606.00.0090, HTSUS, which provides for chenille yarn. The rate of duty will be 8% ad valorem.

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,

Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division