CLA-2-55:S:N:N3H:351 872521
Mr. Bill Jerome
H.A. & J.L. Wood, Inc.
U.S. Customs Broker
Pembina, ND 58271
RE: The tariff classification of spun polyester/acrylic
waterblocking yarns from Canada.
Dear Mr. Jerome:
In your letter dated February 26, 1992, on behalf of your
client KT Industries Ltd., you requested a tariff classification
ruling.
You have submitted five samples of waterblocking man-made
fiber yarns that will be used in fiber optic, telephone and
telecommunication cables. The product is a combination of
superabsorbent and polyester staple fibers. The expensive
acrylic superabsorbent fibers, wrapped around the core, absorb
water, swell and protect damaged fiber optic cables or other
cables which are laid under water. The blend of the fibers may
vary between 50 percent polyester/50 percent superabsorbent
(acrylic) to 75 percent polyester/ 25 percent superabsorbent.
The sizes will also vary from 800 to 8000 denier. You have
submitted samples measuring 800 denier, which appears to be a
singles yarn; and 1900, 3000, 5000 and 8000 denier, which appear
to be 3-ply yarns. The amount of twist, in turns per meter, was
not indicated in the description. We will not be able to rule
upon the rayon and superabsorbent blend yarn mentioned in your
literature without a sample and more information. In your ruling
request, you included other merchandise which will be ruled upon
separately by our office under file number NY 871969.
The applicable subheading for the man-made fiber yarns which
are assumed to be plied, except for the 800 denier yarn, will be
5509.42.0090, 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 cable yarn, other. The rate of duty
will be 12 percent ad valorem.
The 800 denier singles yarn and the other denier yarns, if
not plied, will be classifiable under the provision 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, single yarn, other, in
subheading 5509.41.0090, HTS. The rate of duty will be 11
percent ad valorem.
Based upon Customs regulations 12.130 (e)(ii), the spinning
of fibers into yarns is a processing operation that will
determine the country of origin of the product. The yarns will
be considered a product of Canada. Therefore, a visa will not be
required from Japan even though up to 50 percent of the yarns'
fibers, by weight, originate in Japan. Goods classifiable under
subheading 5509.41.0090 or 5509.42.0090, HTS, which have
originated in the territory of Canada, may be entitled to a 6.6
or 7.2 percent rate of duty, respectively, under the United
States - Canada Free Trade Agreement (FTA). Despite the very
high cost of the superabsorbent fibers (from England or Japan) in
the blend, the imported yarns may meet the requirement of the
applicable FTA regulation; we cite HTS, General Note
3(c)(vii)(R)(11)(hh).
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