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NY 850876


Apr 03 1990

CLA-2-56:S:N:N3H:351 850876

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0000

Mr. George Watts Carr, III
Macfield, Inc.
P.O. Box 737
Madison, NC 27025-0737

RE: The tariff classification of a gimped yarn from Canada.

Dear Mr. Carr:

In your letter dated March 22, 1990 you requested a classification ruling.

You have provided a sample of a covered Lycra (spandex) yarn. The yarn has an elastomeric core which is not twisted and a covering yarn which is wrapped around the core. The core will be between 10 and 140 denier spandex. The covering yarn is between 10 and 70 denier and is usually nylon. You stated that this type of yarn is used primarily in ladies' hosiery.

The applicable subheading for the gimped or covered yarn will be 5606.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn). The duty rate will be 11.5 percent ad valorem.

Goods classifiable under subheading 5606.00.0000, HTS, which have originated in the territory of Canada, will be entitled to a 9.2 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


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