CLA-2-55:RR:NC:TA:351 D81186

Ms. Christi Wozney
Ashley Furniture Industries, Inc.
One Ashley Way
Arcadia, WI 54612

RE: The tariff classification of polyester staple fiber from Korea, Taiwan, and China.

Dear Ms. Wozney:

In your letter dated August 17, 1998 you requested a classification ruling.

You have submitted 3 samples of polyester staple fiber which are identified by the manufacturers names. 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 all three samples will be 5503.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic staple fibers, not carded, combed or otherwise processed for spinning: of polyesters, measuring 13.2 decitex or more. The rate of duty will be 4.7 percent ad valorem.

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 Camille Ferraro at 212-466-5885.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division