CLA-2-54:OT:RR:NC:N3:351
Michael A. Murray
DeSales Trading Co., Inc.
P.O. Box 269
609 Tucker St.
Burlington, NC 27216-0269
RE: The tariff classification of polypropylene yarn from China
Dear Mr. Murray:
In your letter dated March 4, 2014, you requested a tariff classification ruling.
You submitted a sample of a product you call X-Ray Detectable Yarn/Sewing Thread. It is a multifilament polypropylene multiple yarn with a twist of five (5) turns per inch, according to your specification sheet. The decitex of this yarn is 1450.
Despite the name of the product, it cannot be classified as sewing thread because it has a final S twist. Legal Note 5 to Section XI, Harmonized Tariff Schedule of the United States, (HTSUS), noted. You sent a picture of the yarn, to be imported in lengths of 2500-2700 meters/cone; it will not be considered put up for retail sale as that term is defined in Note 4 to Sec. XI. (It will be sold in smaller units.)
The applicable subheading for the 1450-denier polypropylene yarn will be 5402.69.0000, HTSUS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, other. The rate of duty will be 7.5% ad valorem.
In your letter you suggest that the correct classification is in subheading 5607.49.0090, but that subheading does not exist in the tariff. In addition, heading 5607 covers cordage, not yarn; noting Note 3(A)(b) to Sec, XI, a yarn with a decitex below 10,000 is classified as yarn, not cordage.
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 http://www.usitc.gov/tata/hts/.
The sample will be retained with our official case file.
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,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division