CLA-2-51:OT:RR:NC:N4:351
Mrs. Genevieve Poirier-Arcand
Yarns of Memories
1815 Rue Des Arbrisseaux
St-Lazare Quebec
Canada J7T 2E7
RE: The tariff classification and marking of “chiengora” yarn from Canada
Dear Mrs. Poirier-Arcand:
In your letter dated June 20, 2015, you requested a tariff classification ruling. No samples were submitted. The imported item, “chiengora,” is yarn made from the hair of a dog. The name “chiengora” comes from “chien,” the French word for dog. The “chiengora” is obtained from brushing or clipping the animal’s hair. No pelt or skin is removed in the shearing process. The hair will be shipped to Canada where it is spun into yarn. Depending on the quantity of hair supplied, the client can choose to transform the yarn into several articles such as a shawl, scarf, and mittens, or keep the yarn to knit an article themselves to memorialize the animal.
You state that the “chiengora” might be mixed with alpaca or wool, which would change the classification. You can submit another ruling request when that information becomes available.
The applicable subheading for the “chiengora” yarn will be 5110.00.0000, Harmonized Tariff Schedule of the Unites States (HTSUS) which provides for yarn of coarse animal hair or horsehair (including gimped horsehair yarn) whether or not put up for retail sale. The duty rate will be free.
You also asked about country of origin marking requirements that may apply to the imported goods. We did not examine a sample, nor did you include a picture of the label.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
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 at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division