CLA-2-55:RR:NC:N3:351

Mark Lorusso
Jeffco Fibres Inc.
12 Park St.
Webster, MA 01570

RE: The tariff classification of polyester staple fibers from China

Dear Mr. Lorusso:

In your letter dated Aug. 17, 2007, you requested a tariff classification ruling.

You submitted a sample of polyester staple fibers. You describe it as 15 denier, approximately 16.67 decitex, and 5.25” in length. It will be used to spin into a carpet yarn.

The applicable subheading for the polyester staple fibers will be 5503.20.0065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for synthetic staple fibers, not carded, combed, or otherwise processed for spinning: of polyesters…Other…Measuring 13.2 decitex or more. The rate of duty will be 4.3% ad valorem. This merchandise is not subject to quota restrictions or visa requirements.

You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). 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 and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

The sample which you submitted is being retained by this office.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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