CLA-2-55:RR:NC:N3:351 H87582
Ms. Vicki Wronkowski
Customs Entry Specialist
Ashley Furniture Industries, Inc.
International Division
One Ashley Way
Arcadia, WI 54612
RE: The tariff classification of polyester staple fiber from Thailand and Taiwan.
Dear Ms. Wronkowski:
In your letter dated January 21, 2002, you requested a ruling on tariff classification.
Your letter references an earlier ruling you received, NY D81186, dated August 20, 1998, and you state that since there have been changes in the Harmonized Tariff Schedule of the United States (HTS) since then regarding this merchandise, you would like a new ruling.
You state that the merchandise is the same as in the earlier ruling, which described it as follows:
You have submitted 3 samples of polyester staple fiber which are identified by the manufacturers’ names. [In your recent letter, you state that you will be adding the supplier Tuntex Public Company Limited of Thailand and Taiwan.] The descriptions of each sample are based upon information which you supplied.
The first sample of polyester staple fiber is from Korea Synthetic Fibers, Korea. It is claimed to be polyester staple fiber made from recycled polyester resin. It is not carded, combed or other processed. The staple length is 51mm and the decitex is stated to be 16.7.
The second sample is from Nan Ya Plastics Corporation of Taiwan. It is claimed to be polyester staple fiber made from virgin polyester. It is neither carded, combed or otherwise processed. The staple length is said to be 64mm and the decitex is 17.
The third sample is from Yangzhou Guazhou Chemical Fibre Co., Ltd. It is claimed to be polyester staple fiber made from polyester chip. The staple length is said to be 64mm and the decitex claimed to be 13.2.
The applicable subheading for this product will be 5503.20.0065, HTS, which provides for “Synthetic staple fibers, not carded, combed or otherwise processed for spinning: of polyesters: . . . Other: . . . Measuring 13.2 decitex or more.” The general rate of duty will be 4.4 percent ad valorem.
However, in your recent letter, you refer to the merchandise as “conjugated.” The recent changes to the HTS regarding this merchandise include a new provision, 5503.20.0015, which provides for “Bi-component fibers having an outer copolymer sheath that melts at a lower temperature than the core, of a kind used for bonding fibers together.” Another word used for such merchandise is “conjugated.” If your merchandise fits this description, it would be classified in this provision with a rate of duty of 4.4 percent ad valorem.
Merchandise classified in subheading 5503.20.0065 may be subject to antidumping duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued 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 Mitchel Bayer at 646-733-3102.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division