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NY 872521


March 27, 1992

CLA-2-55:S:N:N3H:351 872521

CATEGORY: CLASSIFICATION

TARIFF NO.: 5509.42.0090; 5509.41.0090

Mr. Bill Jerome
H.A. & J.L. Wood, Inc.
U.S. Customs Broker
Pembina, ND 58271

RE: The tariff classification of spun polyester/acrylic waterblocking yarns from Canada.

Dear Mr. Jerome:

In your letter dated February 26, 1992, on behalf of your client KT Industries Ltd., you requested a tariff classification ruling.
You have submitted five samples of waterblocking man-made fiber yarns that will be used in fiber optic, telephone and telecommunication cables. The product is a combination of superabsorbent and polyester staple fibers. The expensive acrylic superabsorbent fibers, wrapped around the core, absorb water, swell and protect damaged fiber optic cables or other cables which are laid under water. The blend of the fibers may vary between 50 percent polyester/50 percent superabsorbent (acrylic) to 75 percent polyester/ 25 percent superabsorbent. The sizes will also vary from 800 to 8000 denier. You have submitted samples measuring 800 denier, which appears to be a singles yarn; and 1900, 3000, 5000 and 8000 denier, which appear to be 3-ply yarns. The amount of twist, in turns per meter, was not indicated in the description. We will not be able to rule upon the rayon and superabsorbent blend yarn mentioned in your literature without a sample and more information. In your ruling request, you included other merchandise which will be ruled upon separately by our office under file number NY 871969.

The applicable subheading for the man-made fiber yarns which are assumed to be plied, except for the 800 denier yarn, will be 5509.42.0090, 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 cable yarn, other. The rate of duty will be 12 percent ad valorem.

The 800 denier singles yarn and the other denier yarns, if not plied, will be classifiable under the provision 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, single yarn, other, in subheading 5509.41.0090, HTS. The rate of duty will be 11 percent ad valorem.

Based upon Customs regulations 12.130 (e)(ii), the spinning of fibers into yarns is a processing operation that will determine the country of origin of the product. The yarns will be considered a product of Canada. Therefore, a visa will not be required from Japan even though up to 50 percent of the yarns' fibers, by weight, originate in Japan. Goods classifiable under subheading 5509.41.0090 or 5509.42.0090, HTS, which have originated in the territory of Canada, may be entitled to a 6.6 or 7.2 percent rate of duty, respectively, under the United States - Canada Free Trade Agreement (FTA). Despite the very high cost of the superabsorbent fibers (from England or Japan) in the blend, the imported yarns may meet the requirement of the applicable FTA regulation; we cite HTS, General Note

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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