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NY 815749




November 3, 1995

CLA-2-56:R:N3:351 815749

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0000; 9802.00.8065

Mr. Jeffrey H. Pfeffer
Irving A. Mandel, Counselor at Law
237 Park Avenue, 21st Floor
New York, NY 10017

RE: The tariff classification of gimped elastic yarn assembled from U.S.-made nylon yarn/Lycra monofilament in Colombia.

Dear Mr. Pfeffer:

In your letter dated October 23, 1995, on behalf of Regal Manufacturing Company, you requested a classification ruling.

You have submitted three samples of yarns, as follows: 1) DuPont 20 denier/7 filament flat single nylon yarn, 2) Dupont 70 denier elastomeric Lycra spandex monofilament, and 3) the item to be imported, Regal's 52.3% nylon/47.7% Lycra yarn, style number 52707. The nylon and monofilament are both manufactured in the United States by DuPont and are exported to Colombia. In Colombia, the nylon yarn is wrapped or gimped around the stretched Lycra monofilament in an assembly process that results in one continuous strand of covered yarn. There is no change in the "nature" of the supplied components.

The applicable subheading for the gimped yarn will be 5606.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn). The duty rate will be 11.2 percent ad valorem.

Allowance in duty may be made under the following tariff provision for the cost or value of the American-made yarn and monofilament before exportation to Colombia. The gimped yarn to be imported will be entitled to partial duty exemption under HTS subheading 9802.00.8065, upon compliance with the regulations. Subheading 9802.00.8065, HTS, provides for articles assembled abroad in whole or part of fabricated components, the product of the United States.

The yarn falls within textile category designation 201. Based upon international textile trade agreements, products assembled in Colombia are subject to the requirement of a visa in the same manner as for other imported merchandise.

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. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jeff Konzet at 212-466-5885.

Sincerely,

Roger J. Silvestri
Director

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