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NY A88873




June 24, 1997

CLA-2-54:RR:NC:TA:351 A88873

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.62.0000

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

RE: Classification ruling request for embroidery thread from Canada

Dear Mr. Leahy:

In your letter dated October 18, 1996 you requested a tariff classification ruling on behalf of Filtex Inc.

You have submitted two small spools of 100% polyester dyed thread which you identify as "135/2 polyester dyed yarn" and "90/2 polyester dyed yarn." Both threads are two-ply, twisted in the "Z" direction and on spools weighing less than 1 gram. You indicate that the yarns are coated with "Fibramoll," whose purpose is to minimize the breakage of the yarn in its subsequent winding onto embroidery machines. You also state that this yarn is used, "because of its brightness," as embroidery thread, not sewing thread. In your letter to this office on June 9, 1997, you clarified that the embroidery yarn"...is neither packaged nor labeled as embroidery thread; Nor though is it packaged or labeled as any other type of thread." You wrote further that the thread "...is advertised and sold as embroidery thread..."

The applicable subheading for the embroidery yarns will be 5402.62.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn (other than sewing thread), not out up for retail sale; other yarn, multiple (folded) or cabled; of polyesters. The general rate of duty will be 8.6 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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