CLA-2-55:S:N:N6:351 890116
Mr. Juan J. Alvarado
Mercury Forwarding Agency Inc.
14101 Transportation Avenue
Interamerican Distribution Center
Laredo, TX 78041
RE: The tariff classification of a cotton/polyester yarn, a cotton
yarn and a braided rug from Mexico.
Dear Mr. Alvarado:
In your letter dated August 23, 1993 (received in our office
on September 3, 1993), on behalf of Burlington Industries, you
requested a classification ruling.
You have submitted three samples, as follows: a 66% polyester/
34% cotton yarn, a 100% cotton yarn and a 100% polyester braided
rug. In the first sample, the polyester staple fibers measure 1.5
denier X 38 millimeters. In the first and second samples, the
cotton fibers are 1 1/8 inch long and combed; both yarns are
twisted singles measuring 67 metric number (nm). We assume that
the two yarns are not put up for retail sale. The third sample,
the oval braided rug, measures 20 X 30 inches, has a double cushion
inner core and is reversible.
The applicable subheading for the polyester/cotton yarn 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 100% cotton yarn will be classifiable under the provision
for cotton yarn (other than sewing thread), containing 85% or more
by weight of cotton, not put up for retail sale; single yarn, of
combed fibers; exceeding 52 nm but not exceeding 80 nm; in
subheading 5205.24.0000, HTS. The rate of duty will be 9.9 percent
ad valorem.
The braided rug will be classifiable under the provision for
other carpets and other textile floor coverings, whether or not
made up; other; of man-made fibers; in subheading 5705.00.2030,
HTS. The rate of duty will be 6.5 percent ad valorem.
Textile mill products from Mexico classified under HTS
subheadings 5509.53.0060, 5205.24.0000 and 5705.00.2030 are subject
to a countervailing duty (case C-201-405).
The polyester/cotton yarn and the cotton yarn fall within
textile category designations 607 and 301, respectively. Based
upon international textile trade agreements, these products of
Mexico are subject to quota and the requirement of a visa. The rug
falls within category designation 665, which is subject to 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