CLA-2-55:S:N:N3H:351 866672

Mr. Matthew Chang
C. Itoh & Co. (America) Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of spun partially carbonized acrylic yarns from France.

Dear Mr. Chang:

In your letter dated August 29, 1991, you requested a tariff classification ruling. You have submitted two sample cones of spun acrylic yarns known as pre-oxidized carbon fiber yarns. The yarn sizes are 48 (81nm)/1 and 48 (81nm)/2 for the single and two-ply yarns, respectively. The single yarn has a "Z" twist and the plied yarn has a final "S" twist. Both of these black acrylic yarns are partially carbonized (63% carbonization). This percentage of carbonization is not considered to be fully carbonized. According to the submitted Schappe's brochure, the pre-oxidized acrylic fibers (yarns) will be used to make welders' suits and safety gloves.

The applicable subheading for the single yarn will be 5509.31.0000, 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, containing 85 percent or more by weight of acrylic or modacrylic staple fibers, single yarn. The rate of duty will be 11 percent ad valorem.

The plied yarn will be classified under the provision for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale, containing 85 percent or more by weight of acrylic or modacrylic staple fibers, multiple (folded) or cabled yarn, in subheading 5509.32.0000, HTS. The rate of duty will be 12 percent ad valorem.

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