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