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NY B84161




April 15, 1997

CLA-2-54:RR:NC:TA:351 B84161

CATEGORY: CLASSIFICATION

TARIFF NO.: 5403.32.0000

Ms. Judy Kearney
Network Brokers International Inc.
145th Ave. And Hook Creek Blvd.
Valley Stream, NY 11581

RE: The tariff classification and marking of rayon filament yarn from Ukraine

Dear Ms. Kearney:

In your letter dated April 7, 1997 you requested a tariff classification ruling on behalf of Trans Syntex Corp. You also inquire whether marking of country of origin and fiber content on the individual carton is acceptable, in view of the fact that "the product is not sold in less than 1 carton lots, in which case the ultimate user would be aware of origin and fiber content." Each carton contains six cones.

You have submitted a 1.5 kilogram cone of 100% rayon z-twisted yarn, which you state is 166 decitex, 40 filament, 2-ply yarn with a twist of 300 turns per meter. You state that it is used for embroidery and decorative edging.

The applicable subheading for the yarn will be 5403.32.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial filament yarn (other than sewing thread), not put up for retail sale, including artificial monofilament of less than 67 decitex; other yarn, single; of viscose rayon, with a twist exceeding 120 turns/m. The rate of duty will be 10 percent ad valorem.

Regarding country of origin marking, section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.33, Customs Regulations (19 CFR 134.33), lists particular articles excepted from individual country of origin marking in accordance with 19 U.S.C. 1304(a)(3)(J). The outermost container in which the article ordinarily reaches the ultimate purchaser must however, be marked with the country of origin. Pursuant to 19 U.S.C. 1304(a)(3)(J) the Secretary of the Treasury is authorized to exempt by regulation any article from individual country of origin marking if the article is of a kind or class that were imported in substantial quantities during the five year period immediately preceding January 1, 1937, and were not required during such period to be marked to indicate their origin. One category of the articles of a class or kind included in the list, which is set forth at 19 CFR 134.33 ("J-list") is rope, including wire rope; cordage; cords; twines; threads; and yarns.

Because yarn is included on the J-list, it is excepted from individual country of origin marking. The ultimate purchaser of the imported yarn is the party who uses the yarn in producing embroidered or decorated products. The shipping box in which the cones of yarn are packaged is the outermost container of the yarn in which it ordinarily reaches the ultimate purchaser. Assuming that the shipping boxes are conspicuously and legibly marked with the country of origin of the yarn, the provisions of 19 CFR 134.33 are satisfied.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Regarding the question of the proper marking of the fiber content for this product under the rules of the Textile Fiber Products Identification Act, the Federal Trade Commission (FTC) has jurisdiction concerning the marking of such goods; consequently, any inquiries on that subject should be directed to the FTC in the future. The address is: Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508.

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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