CLA-2-55:RR:NC:N3:351 H86250
Mr. Geoffrey J. Wong
Southern Equipment & Supplies Corp.
797 W. 18th Street
Hialeah, FL 33010
RE: The tariff classification of polyester and poly/cotton yarns from Indonesia, Taiwan and China.
Dear Mr. Wong:
In your letter dated December 4, 2001, you requested a ruling on tariff classification.
You submitted five (5) samples of yarn, all of which you refer to as twine. They are all either 100% polyester or a poly/cotton blend. In a telephone conversation with National Import Specialist Mitchel Bayer you stated that the poly/cotton blends were all at least 85% polyester and that all five had a final “S” twist. You state that they will be used to close bags for the packaging and agricultural industries. All are plied yarns of between 1750 and 2923 decitex. By virtue of the enclosed brochure from the manufacturer, we presume the weight of each cone of yarn to be in excess of 125 grams; these are considered to be not put up for retail sale, as defined in Note 4(A) to Section XI of the Harmonized Tariff Schedule of the United States (HTS).
You state that you have been advised that the proper classification for this merchandise is in subheading 5911.90.0040, HTS, which provides for textile products and articles, ... cords, braids and the like of a kind used in industry as packing or lubricating material. Pleased be advised that the packing referred to in this provision is that which might be done on valve stems (as one example) and is not the same as packaging. The relevant Explanatory Note to the HTS states, “The textile products and articles of this heading [5911] present particular characteristics which identify them as being for use in various types of machinery, apparatus, equipment or instruments or as tools or parts of tools.”
As an alternative, you state that these might be classifiable in subheading 5609.00.3000 HTS, which provides for articles of yarn, . . . twine, cordage, rope or cables, not elsewhere specified or included: Of man-made fibers. However, Table I in the Explanatory Notes to Section XI, HTS, states that such merchandise of man-made fibers, if measuring10,000 decitex or less, is classified in chapter 54 or 55; man-made staple fibers, which all of these are, are classified in chapter 55.
The applicable subheading for this product will be 5509.22.0090, HTS, which provides for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale, containing 85 percent or more by weight of polyester staple fibers, multiple (folded) or cabled yarn, other. The general rate of duty in 2002 will be 10.9 percent ad valorem.
Merchandise classified in subheading 5509.22.0090, HTS, falls within textile category designation 604. Based upon international textile trade agreements, such products from Indonesia, Taiwan, and China are 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 646-733-3102.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division