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NY 858343


December 27, 1990

CLA-2-55:S:N:N3H:351 858343

CATEGORY: CLASSIFICATION

TARIFF NOS.: 5503.90.0000; 5509.42.0000

Mr. Cheng-k Weng
East & West Trade Corp.
2 High Meadow Road
Saddle River, NJ 07458

RE: The tariff classification of vinylon staple fibers and vinylon spun yarn from China.

Dear Mr. Weng:

In your letter dated November 21, 1990, you requested a classification ruling.

You state in your letter that you wish to import vinylon fibers and sewing thread of vinylon draft yarn. Your letter states that the fiber and yarn are at least 90% vinylon. Vinylon is a trade name for a synthetic man- made fiber generically known as polyvinyl alcohol (PVA). The specifications provided for the vinylon fiber state that it is between 1.34 and 1.46 denier per filament and between 33.6mm and 36.4mm in length. No sample of the vinylon staple fiber was provided.

A sample of the vinylon yarn was provided. It is a six-ply spun yarn. It is made of three strands with each strand having two plies. The yarn has a final "Z" twist. In your letter, you describe the yarn as sewing thread. Your specification sheet states, however, that the yarn is supplied in 30kg. boxes (net weight) with each box containing 16 spools. Each spool would then weigh 1875gm. There is also no indication in the specifications whether the yarns have been dressed. Yarns that have not been dressed and/or are put up on supports of a weight (including the support) exceeding 1000gm. are precluded from classification as sewing thread.

The applicable subheading for the polyvinyl alcohol staple fiber will be 5503.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic staple fibers, not carded, combed or otherwise processed for spinning, other. The duty rate will be 4.9 percent ad valorem.

The applicable subheading for the polyvinyl alcohol six-ply spun yarn will be 5509.42.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale, other yarn, containing 85 percent or more by weight of synthetic staple fibers, multiple (folded) or cabled yarn. The duty rate will be 12 percent ad valorem.

The yarn falls within textile category designation 604. Based upon international textile trade agreements, products of China are subject to quota restraints and the requirement of an export license. The staple fiber falls under no textile category and is not subject to restraints at this time.

The designated textile and apparel categories 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,


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