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NY 852421


May 15 1990

CLA-2-56:S:N:N3H:351 852421

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0000

Mr. Matthew Chang
C. Itoh & Co. (America) Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of a gimped cotton/spandex yarn from Japan.

Dear Mr. Chang:

In your letter dated May 8, 1990, you requested a tariff classification ruling.

You have submitted a sample of a singles yarn that is gimped yarn, not core spun yarn. It has a metric number of 33 and measures 155 decitex. The yarn is made with a 100% polyurethane elastomeric spandex filament core which is covered by uncombed cotton yarn. The yarn is 87% cotton and 13% polyurethane, by weight. The merchandise is not put up for retail sale, nor is it to be used as sewing thread.

The applicable subheading for the 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 rate of duty will be 11.5 percent ad valorem.

The yarn falls within textile category designation 201. Based upon international textile trade agreements, products of Japan are subject to the requirements of a visa.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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,

Jean F. Maguire
Area Director

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