CLA-2-51: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, Turkey, China and Peru
Dear Ms. Harry-Potter:
In your letter dated October 29. 2018, 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).
Article #226, Tweedle Dee is composed of 75 percent acrylic and 25 percent cotton. It is a four ply yarn, and the weight of the cake is 150 grams. The yarn is imported from India.
Article #3003, Crayola Cakes is composed of 100 percent acrylic. It is a four ply yarn, and the weight of the cake is 85 grams. The yarn is imported from Turkey.
Article #479 LBC-Fifty Fifty is composed of 50 percent Alpaca and 50 percent wool. It is a thick twisted yarn, and the weight of the hank is 200 grams. It will be imported from Peru.
Article #512, Summer Nights is composed of 82 percent acrylic, 12 percent polyester and 6 percent metallic. The weight of the cake is 200 grams and will be imported from China. The yarn is a three ply yarn; one ply is a gold metallic strip. 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.
The applicable subheading for Article #226, Tweedle Dee 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 Article #3003, Crayola Cakes 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 Article #479, LBC-Fifty Fifty will be 5109.10.9000, HTSUS, which provides for “Yarn of wool…, put up for retail sale: Containing 85% or more by weight of wool…: Other: …Other:… Other.” The rate of duty will be 6 percent ad valorem.
The applicable subheading for Article #512, Summer Nights 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). 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 5605.00.1000, HTSUS, unless specifically excluded, are subject to the additional 10 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 5605.00.1000, 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