CLA-2-54:S:N:N6:351 890070
5509.22.0010; 5509.53.0060
Ms. Betty Y. K. Henrickson
Superior Threads & Yarns
P.O. Box 1213
Kamuela, Hawaii 96743
RE: The tariff classification of two spun polyester yarns, a
textured nylon yarn, a polyester filament yarn and a rayon
sewing thread, from Korea.
Dear Ms. Henrickson:
In your letter dated September 1, 1993, you requested a
classification ruling.
You have submitted five samples of yarns, as follows: (A) -
silky smooth 65% polyester/35% cotton blend, (B) - super spun 100%
polyester, (C) - super stretch 100% nylon, (D) - natural 100%
viscose rayon, and (E) - high luster 100% polyester. Three other
yarns listed in your letter, items (F) through (H), were previously
ruled on under our control number 890102 dated September 13, 1993.
The first item, (A), is a 3-ply spun yarn with a final Z-twist
measuring either 84 or 135 metric number (nm). The second item,
(B), is a 3-ply spun yarn measuring 84 nm. The third item, (C), is
a 2-ply textured yarn measuring 100 denier. Both the fourth and
fifth samples, (D) and (E), are 2-ply filament yarns measuring 120
denier. The five samples, A through E, put up on plastic cones or
tubes have the following weights, including supports, as follows:
138.4 grams, 245.4 grams, 80.0 grams, 170.2 grams and 23.4 grams,
respectively. According to our New York laboratory; the stretch
nylon yarn, (C), measures 236.8 decitex; the embroidery yarns
marked (A), (B) and (E) are not dressed; and the 100% viscose rayon
yarn marked, (D), is dressed. Two samples of this viscose rayon
yarn, (D), were submitted to our office but only one was sent to
our laboratory for analysis. Although they were made by different
Korean manufacturers, we assume that both of these sewing threads
are considered to be dressed.
2
The applicable subheading for the 65% polyester/35% cotton (A)
yarns will be 5509.53.0060, 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, of polyester staple fibers; mixed mainly or solely with
cotton; exceeding 52 nm. The duty rate will be 15 percent ad
valorem.
The spun polyester yarn (B) will be classifiable under the
provision for yarn (other than sewing thread) of synthetic staple
fibers, not put up for retail sale; containing 85% or more by
weight of polyester staple fibers; multiple (folded) or cabled
yarn; multiple (folded), with a final "Z" twist; in subheading
5509.22.0010, HTS. The rate of duty will be 12 percent ad valorem.
The stretch nylon yarn (C) will be classifiable under the
provision for synthetic filament yarn (other than sewing thread),
not put up for retail sale, ...; textured yarn; of nylon or other
polyamides, measuring per single yarn not more than 500 decitex;
multiple (folded) or cabled yarn; in subheading 5402.31.6000, HTS.
The rate of duty will be 9.1 percent ad valorem.
The viscose rayon yarn (D) will be classifiable under the
provision for sewing thread of man-made filaments, whether or not
put up for retail sale; of artificial filaments; in subheading
5401.20.0000, HTS. The rate of duty will be 13 percent ad valorem.
The high luster polyester yarn (E) will be classifiable under
the provision for synthetic filament yarn (other than sewing
thread), not put up for retail sale, ...; other yarn, multiple
(folded) or cabled; of polyesters; in subheading 5402.62.0000, HTS.
The rate of duty will be 9.1 percent ad valorem.
The yarns designated as (A), (B), (C), (D) and (E) fall within
textile category designations 607, 200, 600, 200, and 606,
respectively. Based upon international textile trade agreements,
products of Korea are subject to quota and the requirement of a
visa.
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