Mr. Lewis E. Leibowitz
The Law Office of Lewis E. Leibowitz
1400 16th Street, N.W. Suite 350
Washington, DC 20036
RE: The tariff classification of polypropylene yarn from Turkey and various countries
Dear Mr. Leibowitz:
In your letter dated September 2, 2017, and your follow up letter, dated November 20, 2017, you requested a tariff classification ruling on behalf of your client, Flemish Master Weavers.
You submitted samples and specifications for three polypropylene yarns. All the yarn will be put up on industrial spools, and according to the terms of Note 4 to Section XI, Harmonized Tariff Schedule of the United States (HTSUS), the yarn does not meet the definition of “put up for retail sale.”
The first sample, Product One is described as a heat-set single-ply continuous filament polypropylene yarn. The yarn is composed of 100 percent polypropylene, 120-140 filaments in yarn and 1300-2300 decitex (dtex). The yarn is in an “S” twist configuration with 125-150 twists per meter.
Product Two, is described as a heat-set two ply continuous filament cabled polypropylene yarn. The yarn is composed of 100 percent polypropylene, 144-430 filaments in yarn and 1600/2-2300 dtex. The yarn is in an “S” twist configuration, 2 ply with 100-160, twists per meter.
Product Three, is described as a high frieze heat-set two ply continuous filament polypropylene yarn. The yarn is composed of 100 percent polypropylene, 144-430 filaments in yarn and 1600/2-2300 dtex. The yarn is in an “S” twist configuration, 2 ply with 100-160, twists per meter. You state that this yarn is treated in a friezing machine, an additional step before the heat-setting process. Frieze yarns are highly twisted yarns, which have a crimped and twisted texture.
The Explanatory Note to subheadings 5402.31 to 5402.39, wherein "textured yarns" are defined for tariff purposes:
“Textured yarns are yarns that have been altered by a mechanical or physical process (e.g., twisting, untwisting, false-twisting, compression, ruffling, heat-setting or a combination of several of these presses), which results in individual fibres being set with introduced curls, crimps, loops, etc. These distortions may be partially or completely straightened by a stretching force but resume the shape into which they have been set upon being released. Textured yarns are characterized by having either a high bulk or a very high extensibility. The high elasticity of both types makes them especially suitable for use in the manufacture of stretch garments (e.g., tights, hose, underwear) while the high bulk yarns give fabrics softness and warmth of touch. Textured yarns may be distinguished from nontextured (flat) filament yarns by the presence of special twist characteristics, small loops or reduced parallel orientation of the filaments in the yarn.”
You state that all of the yarns have undergone the process of heat-setting which is one of the exemplars of a mechanical process or physical process that is used to alter yarns. Therefore the yarns meet the tariff definition for "textured yarns.”
The applicable subheading for the polypropylene yarn, Product One will be 5402.34.3000, HTSUS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, textured yarn, of polypropylene, single yarn. The rate of duty will be 8.8 percent ad valorem.
The applicable subheading for the polypropylene yarns, Product Two and Three will be 5402.34.6000, HTSUS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, textured yarn, of polypropylene, multiple (folded) or cabled yarn. The rate of duty will be 8 percent 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 https://hts.usitc.gov/current.
Samples will be retained.
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 Adleasia Lonesome via email at email@example.com.
Steven A. Mack
National Commodity Specialist Division