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NY 870603


January 22, 1992

CLA-2-54:S:N3H:351 870603

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.33.3000

Mr. Frank Prackler
Harold I. Pepper Co., Inc.
9 Murray St., Suite 11 East
New York, N.Y. 10007

RE: The tariff classification of a texturized polyester yarn from Turkey.

Dear Mr. Prackler:

In your letter dated January 14, 1992, on behalf of Associated Global Enterprises, you requested a tariff classification ruling.

You have submitted two sample cones of singles, multifilament textured 100% polyester yarn. Each of the yarns measures 78 decitex and has 38 filaments. According to the submitted technical specification sheet, the yarns' tenacity is 3.40 cN/decitex, which is not considered to be high tenacity. The color is raw-white, the luster is semi-dull and the bobbin (cone) weight is 3500 grams.

The applicable subheading for the yarns will be 5402.33.3000, Harmonized Tariff Schedule of the United States (HTS), which provides synthetic filament yarn (other than sewing thread), not put up for retail sale,..., textured yarn, of polyesters, single yarn. 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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