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HQ 957614




June 6, 1995

CLA-2 R:C:T 957614 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5508.10.0000

Ms. Betty Y. K. Henrickson
Superior Threads & Yarns
P.O. Box 1213
Kamuela, Hawaii 96743

RE: Modification of New York Ruling Letter (NYRL) 890070 of September 20, 1993; classification of embroidery yarn

Dear Ms. Henrickson:

On September 20, 1993, Customs issued New York ruling letter (NYRL) 890070 to you regarding the classification of various yarns. Information has come to the attention of this office that necessitates a modification of NYRL 890070 as it pertains to the classification of one yarn identified therein as item (B).

Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993) (hereinafter section 625), notice of the proposed modification of (NYRL) 890070 was published May 3, 1995, in the Customs Bulletin, Volume 29, Number 18.

FACTS:

Item (B) is described in NYRL 890070 as a super spun 100 percent polyester 3-ply yarn measuring 84 metric number. The ruling indicates the yarn had a final "Z" twist and was put up on a plastic cone or tube. The yarn had a weight of 245.4 grams (including the support). The yarn was tested by the Customs New York laboratory which indicated that the yarn was not dressed. We have recently learned that the yarn in fact was found to have dressing in the amount of 2.0 percent of the weight of the yarn. As a result, a modification of NYRL 890070 is necessary to ensure uniformity in classification.

ISSUE:

Is the presence of 2.0 percent dressing material sufficient to consider a yarn dressed?

LAW AND ANALYSIS:

In Headquarters Ruling Letter (HRL) 955524 of February 23, 1995, Customs classified yarns described as embroidery threads as sewing thread because it met the statutory definition of sewing thread set out in Note 5, Section XI, Harmonized Tariff Schedule of the United States (HTSUSA). Note 5 defines the term "sewing thread" as follows:

For purposes of headings 5204, 5401 and 5508, the expression "sewing thread" means multiple (folded) or cabled yarn:

(a) Put up on supports (for example, reels, tubes) of a weight (including support) not exceeding 1,000 g;
(b) Dressed; and
(c) With a final "Z" twist.

The yarns at issue in HRL 955524 were found by the Customs laboratory to be coated with from 1.2 to 3.1 percent by weight of silicone or paraffin wax. Customs stated in HRL 955524:

In defining "finishing treatment", the EN's [Explanatory Notes] require only the presence of a coating substance. Thus, the yarns in question have been given a finishing treatment and are dressed according to this definition.

Item (B) in NYRL 890070 had a dressing of 2.0 percent by weight. Following our decision in HRL 955524, item (B) is considered "dressed" for classification purposes. As item (B) meets the statutory definition for sewing thread, it is so classified.

HOLDING:

Item (B) is classified as sewing thread of man-made staple fibers, whether or not put up for retail sale, of synthetic staple fibers, in subheading 5508.10.0000, HTSUSA, textile category 200, dutiable at 12.8 percent ad valorem. NYRL 890070 is modified in respect to the classification of item (B) identified above.

In accordance with section 625, this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does -3-
not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR

The designated textile and apparel category may be subdivided into parts. If so, the 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 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 updated weekly and is available for inspection at your 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 your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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