CLA-2-54:RR:NC:TP:351 A84180

Mr. John F. McManus
ITOCHU International Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of "Toyobo Hollow Fiber" acetate yarn from Japan.

Dear Mr. McManus:

In your letter dated May 28, 1996, you requested a classification ruling. You have submitted a sample of 100% cellulose acetate multifilament yarn and technical information about the product known as "Toyobo Hollow Fiber." It is a singles yarn with 90 filaments, and the yarn is not put up for retail sale, textured or high tenacity. According to your letter, the product contains zero twist per meter; however, you should note that the process of coiling of the yarn into its bag during packing may have imparted some twist, which may affect its classification. We assume that the sample has less than 5 turns per meter (tpm). The yarn's filaments are hollow monofilaments or tubes in continuous lengths, and each filament measures 27.1 decitex. The yarn is also known as "wet fiber"; in its imported state, it will be packed in clear sealed plastic bags containing a preservative solution. After importation, the merchandise will be used to manufacture gas separation devices for the petroleum industry.

The applicable subheading for the "Toyobo Hollow Fiber" will be 5403.33.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial filament yarn (other than sewing thread), not put up for retail sale, including artificial monofilament of less than 67 decitex; other yarn, single; of cellulose acetate; multifilament, untwisted or with twist of less than 5 tpm. The duty rate will be 9.8 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 Jeff Konzet at 212-466-5885.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division