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NY 878713




October 2, 1992

CLA-2-55:S:N:N3H:351 878713

CATEGORY: CLASSIFICATION

TARIFF NO.: 5509.32.0000; 5509.31.0000

Mr. Esteban Munoz, U.S. Customs Broker
P.O. Box 1491
Laredo, TX 78042-1491

RE: The tariff classification of spun acrylic yarns from Mexico.

Dear Mr. Munoz:

In your letter dated September 15, 1992, on behalf of Finetex Yarn Corp., you requested a tariff classification ruling.

You have submitted two samples of 100 percent acrylic yarns, as follows: a two-ply (2/24) non-texturized yarn made of non- continuous fibers, and a singles (1/12) non-texturized yarn made of non-continuous fibers. Both yarns will be dyed; they will not be put up for retail sale.

We concur with the classifications suggested in your letter. The applicable subheading for the two-ply yarn will be 5509.32.0000, 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, containing 85 percent or more by weight of acrylic or modacrylic staple fibers, multiple (folded) or cable yarn. The rate of duty will be 12 percent ad valorem.

The one-ply acrylic yarn will be classifiable under the provision for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale, containing 85 percent or more by weight of acrylic or modacrylic staple fibers, single yarn, in subheading 5509.31.0000, HTS. The rate of duty will be 11 percent ad valorem.

The two yarns fall within textile category designation 604. Based upon international textile trade agreements, products of Mexico are subject to the requirement of a visa and quota restraints.

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 (Restraint 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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