CLA-2-54:RR:NC:N3:351 G88552

Ms. Frances Smith
Frank J. Winne & Son, Inc.
44 North Front St.
Philadelphia, PA 19106

RE: The tariff classification of 50% polyester/50% cotton yarn from The Philippines.

Dear Ms. Smith:

In your letter dated March 20, 2001, you requested a ruling on tariff classification.

Your letter included a cone of the yarn which is composed of 50% polyester/50% cotton, 3-ply. A simple bench test has revealed the decitex to be approximately 4400. In a telephone conversation with National Import Specialist Mitchel Bayer, Bob Stankiewicz of your office reported that the yarn has ten (10) turns per meter.

The applicable subheading for this product will be 5402.62.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, ...: other yarn, multiple (folded) or cabled, of polyesters. The general rate of duty will be eight percent ad valorem.

This product falls within textile category designation 606. Based upon international textile trade agreements products of The Philippines are currently subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division