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NY 895744




March 23, 1994
CLA-2-52:S:N:N6:351 895744

CATEGORY: CLASSIFICATION

TARIFF NO.: 5205.32.0000, 5206.31.0000

Mr. Stephen W. Marlow
Tower Group International Inc.
205 West Service Road
Champlain, NY 12919-0218

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of two-ply cotton yarns, plied in Canada from single yarns spun in Pakistan and Canada

Dear Mr. Marlow:

In your letter dated March 11, 1994 you requested a ruling on the status of certain yarns under the NAFTA, on behalf of Gordon Yarn Dyers Ltd.

You have submitted samples of two yarns. One is described as "16/2 100% cotton carded." The "16" designation indicates that the English yarn number for this product is 16; the "2" denotes a two-ply yarn. Physical examination of the yarn confirms that it is a two-ply yarn with a final "S" twist. It appears to be of carded (not combed) fibers, approximately of the yarn number you indicate. An attached letter from Gordon Yarn Dyers indicates that the two single-ply (16/1) yarns are spun in Pakistan, and then dyed and plied (twisted together to form a two-ply yarn) in Canada.

The second yarn is designated as 8/2, which denotes a two-ply yarn with a yarn number of 8. It has a final "S" twist and appears to be of carded fibers, although you do not so indicate. You state that one of the plies is 100% cotton, while the other ply is 50% cotton 50% acrylic. An attached letter from Gordon Yarn Dyers indicates that the 100% cotton yarn is an 8/1 yarn spun in Pakistan, while the 50% cotton 50% acrylic yarn is an 8/1 yarn spun in Canada. We assume that, like the 16/2 yarn, this 8/2 yarn is dyed and plied in Canada.

Neither of the yarns will qualify for preferential treatment under the NAFTA because they will not be wholly obtained or produced entirely in the territory of a NAFTA country and will not be made exclusively from originating materials. The Pakistani yarns used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/52, HTSUSA.

The applicable tariff provision for the 16/2 yarn will be 5205.32.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for cotton yarn (other than sewing thread), containing 85 percent or more by weight of cotton, not put up for retail sale; multiple (folded) or cabled yarn, of uncombed fibers; exceeding 14nm but not exceeding 43nm per single yarn. The general rate of duty will be 7.3 % ad valorem.

The applicable tariff provision for the 8/2 yarn will be 5206.31.0000 HTSUSA, which provides for cotton yarn (other than sewing thread), containing less than 85 percent by weight of cotton, not put up for retail sale; multiple (folded) or cabled yarn, of uncombed fibers; not exceeding 14nm per single yarn. The general rate of duty will be 10.8% ad valorem.

The 16/2 yarn is a product of Pakistan and falls within textile category designation 300. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

Since quota and visa restrictions 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 Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.

Sincerely,

Jean F. Maguire
Area Director

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