NY 851362

Apr 27 1990

CLA-2-52:S:N:N3H:351 851362

Mr. Louis J. Michot
Louis J. Michot & Associates, Inc.
3125 Pinhook Road
Lafayette, LA 70508

RE: The tariff classification of cotton machine knitting yarn from Mexico.

Dear Mr. Michot:

In your letter dated March 27, 1990, you requested a tariff classification ruling.

You have submitted a sample of a machine knitting yarn that is made of 68% uncombed cotton and 32% acrylic fibers. The thread is cabled yarn which has four plies, as follows: the two main plies have a final "Z" twist and each of the main plies has two secondary plies with an "S" twist. It measures 14 metric number (nm) or less per single yarn. According to our New York Laboratory, the thread is not dressed. In your previous letter of March 9, 1990, you stated that the yarn will be shipped to the United States on cones weighing less than one pound (453.6 grams).

The applicable subheading for the yarn will be 5206.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for cotton yarn (other than sewing thread), containing less than 85 percent by weight of cotton, not put up for retail sale, multiple (folded) or cabled yarn, of uncombed fibers, not exceeding 14 nm per single yarn. The rate of duty will be 10.8 percent ad valorem.

In addition to the above duty rate, the yarn will be subject to a countervailing duty rate of 3.51 percent ad valorem.

The cotton yarn falls within textile category designation 300. Based upon international textile trade agreements, products of Mexico are subject to the requirements of a visa and quota restraints. The designated textile and apparel category 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