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NY 865291


July 24, 1991

CLA-2-54:S:N:N3H:351 865291

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.33.3000

Mr. Jay Shah
Assen Exports Inc.
6640 Security Blvd.
Suite 106
Baltimore, Md. 21207

RE: The tariff classification of polyester textured yarn from India

Dear Mr. Shah:

In your letter dated July 17, 1991 you requested a classification ruling.

You have submitted two samples of polyester textured yarns. The first is labeled "78/34," and the second is labeled "155/36." Apparently the first number indicates the denier of the yarn and the number after the slash indicates the number of filaments in the yarn. The yarns will be used to make polyester fabric and blended fabric. Both samples are multifilament, single ply yarns, which have been texturized by crimping or similar means.

The applicable subheading for both yarns will be 5402.33.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn...; textured yarn; of polyesters; single yarn. The duty rate will be 10% ad valorem.

These yarns fall within textile category designation 600. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

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,

Jean F. Maguire
Area Director

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