CLA-2-54:OT:RR:NC:N3:351
Ms. Elizabeth Morris
Rogers & Brown Customs Brokers, Incorporated
2 Cumberland Street, P.O. Box 20160
Charleston, SC 29413-0160
RE: The tariff classification of high tenacity yarn from the Netherlands
Dear Ms. Morris:
In your letters dated Oct. 7 and Nov. 21, 2014, you requested a tariff classification ruling on behalf of your client, Teijin Aramid USA Inc., of Conyers, Ga.
You submitted a sample of an aramid yarn. Our examination indicates it is a multifilament single yarn. It is described on the spec sheet with the following characteristics:
840 decitex
1,000 filaments
approximately 160 twists per meter
tenacity of 201 centinewtons/tex (cN/tex)
put up on bobbins with a total weight of 250 grams
In your follow-up letter, you stated that the yarn is not dressed for sewing thread, even though it will be used “in sewing the ballistic panels into vests.” The tariff definition of sewing thread, found in Legal Note 5 to Section XI, Harmonized Tariff Schedule of the United States, (HTSUS), requires that sewing thread be so dressed, so this yarn cannot be classified as sewing thread.
The tariff definition of high tenacity yarn, found in Legal Note 6 to Section XI, includes single yarn of polyamides (aramids are a form of polyamides) with a tenacity greater than 60cN/tex.
By its weight (250g) the yarn is not considered put up for retail sale as that term is defined in Legal Note 4 to Section XI.
The applicable subheading for the yarn described above will be 5402.11.3030, HTSUS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale…: High tenacity yarns of nylon or other polyamides: Other: Single yarn: Not more than 920 decitex: Multifilament, with twist of 5 turns or more per meter. The rate of duty will be 8.8% ad valorem.
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/.
The sample will be returned.
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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division