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NY 877964




September 18, 1992

CLA-2-54:S:N:N3H:351 877964

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.41.0040; 5402.10.3040

Mr. Ruben Sardoval
J.O. Alvarez, Inc.
P.O. Box 1434
Laredo, TX 78042

RE: The tariff classification of two singles multifilament nylon yarns from Mexico.

Dear Mr. Sardoval:

In your letter dated September 4, 1992, on behalf of AKRA Fibras Quimicas S.A., you requested a tariff classification ruling.

Under our control number PC 873469 dated April 28, 1992, Customs ruled on the classification of AKRA's fibers, yarns, fabrics and waste from Mexico. You are now requesting that we rule on two new, one-ply continuous multifilament 100% nylon yarns, as follows: (a) medium tenacity, 55 cN/tex (centinewtons per tex), twist of 15 turns per meter, 233 decitex, 36 filaments; and (b) high tenacity, 75 cN/tex, twist of 16 turns per meter, 700 decitex, 105 filaments. For Customs purposes, singles yarns of nylon measuring more than 60 cN/tex are considered to be high tenacity. Samples of both nylon yarns were submitted with your correspondence.

The applicable subheading for the 233 decitex nylon yarn will be 5402.41.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale,..., other yarn, single, untwisted or with a twist not exceeding 50 turns/m, of nylon or other polyamides, multifilament, with twist of 5 turns or more per meter. The rate of duty will be 10 percent ad valorem.

The 700 decitex nylon yarn will be classifiable under the provision for synthetic filament yarn (other than sewing thread), not put up for retail sale,..., high tenacity yarn of nylon of other polyamides, single yarn, multifilament, with twist of 5 turns or more per meter, in subheading 5402.10.3040, HTS. The rate of duty will be 10 percent ad valorem.

The nylon yarns fall within textile category designation 606. Based upon international textile trade agreements, products of Mexico are subject to the requirement of a visa.

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 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 (Restraints 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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