NY 888395 - The tariff classification of nylon yarn from China. - United States International Trade Commision Rulings

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NY 888395

August 12, 1993

CLA-2-54:S:N:N6:351 888395

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.41.0030

Mr. Richard L. Stratton
Transpacific Trading Co.
11 Westridge Drive
Lake Oswego, OR 97034

RE: The tariff classification of nylon yarn from China.

Dear Mr. Stratton:

In your letter dated July 12, 1993, you requested a tariff classification ruling.

You have submitted a sample tube of nylon 66 yarn which will be used in the United States in the manufacture of tires, hoses and conveyor belts. It will usually be imported on cylindrical bobbins containing 6 pounds of yarn. The singles continuous multifilament yarn measures 1260 denier (1400 decitex). In your letter, you describe the yarn as high tenacity with no twist. Our New York laboratory has confirmed that the nylon 66 yarn has zero twist; however, they have determined that the tenacity measures 35.9 centinewtons per tex (cN/tex), which is not high tenacity. To be considered high tenacity, the singles nylon yarn must have a tenacity greater than 60 cN/tex.

The applicable subheading for the yarn will be 5402.41.0030, 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 twist not exceeding 50 turns per meter (tpm); of nylon or other polyamides; ...; multifilament, untwisted or with twist of less than 5 tpm; other. The duty rate will be 10 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the nylon 66 tire cord fabrics, dipped and undipped. Since the nylon yarns described above are used to manufacture the fabrics and are not considered to be high

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tenacity, we can say that these fabrics will not be classifiable in heading 5902, HTS, which provides for tire cord fabrics. Your request for a classification ruling should include samples of each item and answers to the questions on the attached specification sheet.

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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