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NY A81380




April 3, 1996

CLA-2-54:RR:NC:TP:351 A81380

CATEGORY: CLASSIFICATION

TARIFF NO.: 5401.10.0000

Mr. Stephen J. Leahy
Leahy & Ward
63 Commercial Wharf
Boston, MA 02110

RE: The tariff classification of nylon sewing thread from Canada

Dear Mr. Leahy:

In your letter dated March 14, 1996, on behalf of your client Filtex Inc., you requested a tariff classification ruling. At this time, you are not making a NAFTA request on this merchandise.

You have submitted two sample spools of multifilament nylon sewing thread marked 70 denier and 210 denier. The 70 denier yarn is a two-ply yarn with a final Z-twist, and the 210 denier yarn is a three-ply yarn with a final Z-twist. According to our New York Customs laboratory, both yarns have a dressing of 1.9 percent, by weight; and the spools have the following weights (including supports): 948.6 grams for the 70 denier yarn, and 923.7 grams for the 210 denier yarn. A slight change in the spools' weights may affect the classification of these yarns; we can only rule on the submitted samples. In a phone conversation with National Import Specialist Jeff Konzet on March 20, 1996, you stated that the subject yarns are in fact used for sewing (as opposed to embroidery or some other use), and that the yarns are not dressed (which differs with our laboratory's test).

The applicable subheading for the yarns will be 5401.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for sewing thread of man-made filaments, whether or not put up for retail sale; of synthetic filaments. The rate of duty will be 12.7 percent ad valorem.

This ruling is being issued under the provisions of Part 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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