CLA-2-54:OT:RR:NC:N3:351
Mr. Eric Hansel, LCB
C.H. Powell Company
478 Wanda Park Blvd.
Mt. Pleasant, SC 29414
RE: The tariff classification of aramid yarn from Japan
Dear Mr. Hansel:
In your letter dated April 28, 2016 and your follow up letter dated August 25, 2016, you requested a tariff classification ruling on behalf of your client Beaver Manufacturing.
You submitted descriptive literature and a sample of a para-aramid yarn with the trade name, Technora™. The yarn, F00824 is in two configurations. The data you have submitted indicates that the yarn will be imported on supports greater than 85 grams. According to the terms of Note 4 to Section XI, Harmonized Tariff Schedule of the United States (HTSUS), the yarn does not meet the definition of “put up for retail sale.”
Yarn F00824 in two configurations:
Configuration one: F00824 core (3000 T200 Flat) is a single plied yarn composed of 99.5 percent para-aramid, 3000 denier filament fibers. The tenacity is 24.7 cN/dtex.
Configuration two: F00824 core (3000 T200 2.0z) is a single plied yarn composed of 99.5 percent para-aramid, 3000 denier filament fibers. The tenacity is 24.7 cN/dtex.
You suggest the proper classification of these yarns are in subheading 5402.11.3070, HTSUS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex: High tenacity yarn of nylon or other polyamides: Of aramids: Single yarn, More than 920 decitex: Monofilament; multifilament untwisted or with twist of 5 or more turns per meter.
However, Note 6 to Section XI, HTSUS, defines high tenacity yarns. Note 6 requires that they be single yarn of nylon or other polyamides, or of polyesters with a tenacity, expressed in cN/tex, greater than 60. According to your information, in the case of the para-aramid yarns that are the subject of this ruling, they do not meet the terms of the note and are not considered high tenacity yarns for tariff classification purposes.
The applicable subheading for para-aramid yarn, F00824 in both configurations, will be 5402.49.9180, HTSUS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex; other yarn, single, untwisted or with a twist not exceeding 50 turns/m; other; other; monofilament; multifilament, untwisted or with twist of 5 turns or more per meter; other. The general rate of duty will be 8 percent ad valorem.
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 World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.
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