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HQ 952265


January 4, 1993

CLA-2 CO:R:C:T 952265 ch

CATEGORY: CLASSIFICATION

TARIFF NO.: 5509.22.0010

Roland Huynh
Max Asie (U.S.A.) Incorporated
P.O. Box 6789
Alhambra, CA 91802

RE: Classification of 100% spun polyester yarn; 5509.220010.

Dear Mr. Huynh:

This is in response to your letter dated July 17, 1992, requesting tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for 100% spun polyester yarn. A sample was provided to our office.

FACTS:

The submitted sample is a two-ply polyester yarn, measuring 236 decitex, mounted on a cylindrical spool. The total weight of the sample is approximately 1250 grams. The yarn is spun from staple fibers and has an estimated twist of 150 turns per meter, in the Z direction.

ISSUE:

How is the subject spun polyester yarn classified under the HTSUSA?

LAW AND ANALYSIS:

As the subject spool of yarn exceeds 1000 grams, it is not to be classified as "put up for retail sale" or "sewing thread," pursuant to Section XI, notes 4(A)(a)(ii) and 5(a). In addition, pursuant to section XI, note 3(A)(b), the decitex measurement of the sample is too low to be classified as twine, cordage, rope or cable. A plied yarn such as the instant merchandise is considered "multiple (folded)" under the HTSUSA. Accordingly, this yarn will be classified under heading 5509, which provides for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale.

HOLDING:

The subject merchandise is classifiable under subheading 5509.22.0010, HTSUSA, which provides for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale; Containing 85 percent or more by weight of polyester staple fibers; multiple (folded) or cabled yarn; with a final Z twist. The applicable rate of duty is 12% ad valorem, and the applicable textile category is 200.

The designated textile and apparel category 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 the subject of frequent negotiations 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 issuance of the U.S. Customs Service, which is updated weekly and is available at the local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact the local Customs office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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