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NY 814119




September 6, 1995

CLA-2-54:S:N:N6:351 814119

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.41.9010; 5402.41.9030

Mr. A.J. Spatarella
Kanematsu USA Inc.
114 W. 47th Street, 23rd Floor
New York, NY 10036

RE: The tariff classification of nylon yarns from Malaysia

Dear Mr Spatarella:

In your letter dated August 24, 1995, you requested a tariff classification ruling.

You have submitted three samples of 100% nylon-6 yarns as follows: (1) pre-oriented yarn, (2) draw twisted yarn, and (3) fully drawn yarn; style nos. N-POY, NFY and N-FDY, respectively. All three yarns are singles, not high tenacity, not textured, with twist of less than 5 turns per meter (tpm), and maximum denier of 420. They are put up on tubes or pirns for industrial use. The first sample, the nylon pre-oriented yarn, is a partially oriented yarn (POY) with zero twist. The second and third samples, the nylon draw twisted yarn and the nylon fully drawn yarn, will be imported with between 5 and 72 round or trilobal shaped filaments per single yarn.

The applicable subheading for the (1) pre-oriented yarn will be 5402.41.9010, 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 tpm; of nylon or other polyamides; other; multifilament, untwisted or with twist of less than 5 tpm; multifilament, partially oriented. The rate of duty will be 9.8 percent ad valorem.

Samples (2) and (3), the draw twisted yarn and fully drawn yarn, will be classifiable under the provision 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 tpm; of nylon or other polyamides; other; multifilament, untwisted or with twist of less than 5 tpm; other, under subheading 5402.41.9030, HTS. The rate of duty will be 9.8 percent ad valorem.

Subheadings 5402.41.9010 and 5402.41.9030, HTS, do not have category numbers; therefore, they require no visa or quota.

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
New York Seaport

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