CLA-2-55:S:N:N3H:351 858343
TARIFF NOS.: 5503.90.0000; 5509.42.0000
Mr. Cheng-k Weng
East & West Trade Corp.
2 High Meadow Road
Saddle River, NJ 07458
RE: The tariff classification of vinylon staple fibers and
vinylon spun yarn from China.
Dear Mr. Weng:
In your letter dated November 21, 1990, you requested a
classification ruling.
You state in your letter that you wish to import vinylon
fibers and sewing thread of vinylon draft yarn. Your letter
states that the fiber and yarn are at least 90% vinylon. Vinylon
is a trade name for a synthetic man- made fiber generically known
as polyvinyl alcohol (PVA). The specifications provided for the
vinylon fiber state that it is between 1.34 and 1.46 denier per
filament and between 33.6mm and 36.4mm in length. No sample of
the vinylon staple fiber was provided.
A sample of the vinylon yarn was provided. It is a six-ply
spun yarn. It is made of three strands with each strand having
two plies. The yarn has a final "Z" twist. In your letter, you
describe the yarn as sewing thread. Your specification sheet
states, however, that the yarn is supplied in 30kg. boxes (net
weight) with each box containing 16 spools. Each spool would
then weigh 1875gm. There is also no indication in the
specifications whether the yarns have been dressed. Yarns that
have not been dressed and/or are put up on supports of a weight
(including the support) exceeding 1000gm. are precluded from
classification as sewing thread.
The applicable subheading for the polyvinyl alcohol staple
fiber will be 5503.90.0000, Harmonized Tariff Schedule of the
United States (HTS), which provides for synthetic staple fibers,
not carded, combed or otherwise processed for spinning, other.
The duty rate will be 4.9 percent ad valorem.
The applicable subheading for the polyvinyl alcohol six-ply
spun yarn will be 5509.42.0000, Harmonized Tariff Schedule of the
United States (HTS), which provides for yarn (other than sewing
thread) of synthetic staple fibers, not put up for retail sale,
other yarn, containing 85 percent or more by weight of synthetic
staple fibers, multiple (folded) or cabled yarn. The duty rate
will be 12 percent ad valorem.
The yarn falls within textile category designation 604.
Based upon international textile trade agreements, products of
China are subject to quota restraints and the requirement of an
export license. The staple fiber falls under no textile category
and is not subject to restraints at this time.
The designated textile and apparel categories 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 (Restraint 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