CLA-2-52:RR:NC:TA:351 C83149

Mr. Roland Jones
Max Asie (USA), Inc.
716 Monterey Pass Road
Monterey Park, CA 91754

RE: The tariff classification of two plied cotton yarns, from China.

Dear Mr. Jones:

In your letter dated December 29, 1997, you requested a classification ruling.

Two cones of yarn were submitted which were not identified as to style or quality number. You indicate in your correspondence that both yarns are made from combed fibers and that the singles have an "S" twist and the finished plied yarns have a "Z" twist. However, upon examination, the single yarns are actually of a "Z" twist. The final twist is a "Z" twist. The individual yarns that make up these two ply structures both appear to be ring spun.

The first item, consists of a cone containing 100% cotton yarn. The yarn has a count of 35s/2 and has been finished with a final "Z" twist.

The second item, consists of a cone containing 100% cotton yarn. This yarn has a count of 37s/2 and has also been finished with a "Z" twist.

The applicable subheading for the two yarns will be 5205.42.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for cotton yarn (other than sewing thread), containing 85 percent or more by weight of cotton, not put up for retail sale, multiple (folded) or cabled yarn, of combed fibers, exceeding 14 nm but not exceeding 43 nm per single yarn, ring spun. The duty rate will be 7 percent ad valorem.

Both yarns fall within textile category designation 301. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 George Barth at 212-466-5884.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division