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NY 858316


December 4, 1990

CLA-2-54:S:N:N3H:351 858316

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.69.0000; 5607.49.1500

Ms. Silvia Perez
M.G. Maher & Company, Inc.
442 Canal Street
New Orleans, LA 70130

RE: The tariff classification of polyethylene yarn and twine from Korea and Portugal.

Dear Ms. Perez:

In your letter dated November 21, 1990, on behalf of Twi Ro Pa Mills Agency Inc., you requested a tariff classification ruling.

You have submitted two samples of 100% polyethylene, twisted three-ply "broom twine", as follows: item #12, a green yarn; and item #15, a red twine. Item #12 has four strands of monofilament in each ply, and it is considered to be a yarn because it measures under 10, 000 decitex. Item #15 has five strands of monofilament in each ply, and it is considered to be cordage or twine because it measures more then 10,000 decitex. The diameter of item #15 measures approximately 1.5 millimeter (mm). We assume that the products will not be put up for retail sale and that they will be imported in continuous lengths.

The applicable subheading for the yarn measuring under 10,000 decitex will be 5402.69.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale,..., other yarn, multiple (folded) or cabled, other. The rate of duty will be 9.1 percent ad valorem.

The twine measuring over 10,000 decitex will be classifiable under the provision for twine, cordage, ropes and cables, ...; of polyethylene or polypropylene; other; other, not braided or plaited; measuring less than 4.8 mm in diameter, in subheading 5607.49.1500, HTS. The rate of duty will be 8 percent ad valorem.

The yarn and twine fall within textile category designations 606 and 201, respectively. Based upon international textile trade agreements, products of Korea are subject to the requirements of a visa and quota restraints. However, products of Portugal are not subject to these restrictions.

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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