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NY 880940




December 14, 1992

CLA-2-55:S:N:N6:351 880940

CATEGORY: CLASSIFICATION

TARIFF NO.: 5509.21.0000.

Mr. Matthew Chang
Itochu International Inc.
335 Madison Ave.
New York, NY 10017

RE: The tariff classification of polyester spun yarn, coated with acrylic powder, from Japan.

Dear Mr. Chang:

In your letter dated December 2, 1992 you requested a classification ruling.

You have submitted a sample of a spun (staple fiber) singles S-twisted yarn. You have not indicated a product code, but have stated that the yarn will be manufactured by Fukuoka Cloth Industry Co. of Osaka, Japan. You state that the yarn is 100% polyester, that it is 2500 denier, and that it is coated with an acrylic powder. You indicate that after being coated with the powder, the resultant product is 80% polyester 20% acrylic by weight. However, the 20% acrylic portion of this weight represents the powder coating, not textile fibers. The acrylic coating is not visible to the normally corrected eye in a well-lighted room.

According to your letter, the acrylic resin powder swells when it comes in contact with sea water. This permits the yarns to be used in fiber optic cables laid under the ocean. Should those cables become damaged in some way, these yarns will absorb the sea water and protect the fiber optic components.

The applicable subheading for the yarn will be 5509.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for yarns (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; single yarn. The duty rate will be 11 percent ad valorem.

This yarn falls within textile category designation 604. Based upon international textile trade agreements products of Japan are subject to the requirement of a visa. The designated textile and apparel categories 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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