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NY 869422

December 20, 1991

CLA-2-54:S:N:N3H:351 869422

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.43.0020

Mr. Ott Scarponi
Scarponi & Kane Inc.
375 West North St.
Akron, Ohio 44303

RE: The tariff classification of polyester yarn from Korea

Dear Mr. Kane:

In your letter dated November 8, 1991, received in this office on December 4, 1991, you requested a tariff classification ruling.

You submitted a 10 kilogram package of yarn, and indicated in your letter that it is a 1,000 denier polyester yarn that is "to be converted into dipped tire cord fabric and built into passenger tires." According to the New York Customs Laboratory, the sample is a 1,116 decitex single ply continuous multifilament polyester yarn having a twist of less than five turns per meter and a tenacity of 48.5 centinewtons per tex.

The applicable subheading for the yarn will be 5402.43.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn...other yarn, single, untwisted or with a twist not exceeding 50 turns/m, of polyesters, other...multifilament, untwisted or with twist of less than 5 turns per meter. The rate of duty will be 10% ad valorem.

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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