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NY 852318





CLA-2-56:S:N:N3H:351 852318

CATEGORY: CLASSIFICATION

TARIFF NO.: 5606.00.0000

Mr. Mike Choi
MKC Customs Brokers Int'l Co.
P.O. Box 91042
Los Angeles, CA 90009

RE: The tariff classification of cotton and rayon/spandex gimped yarns from Japan.

Dear Mr. Choi:

In your letter dated May 1, 1990, on behalf of Deltex Inc., you requested a tariff classification ruling.

You have submitted two samples of singles yarns used for machine knitting purposes. In your letter, you described the two yarns as follows: a cotton spun core yarn, 26 cotton count, 92% cotton/8% spandex, 22.2 turns per inch (tpi); and a rayon spun core yarn, 27 cotton count, 94% rayon/6% spandex, 17.15 tpi. According to our New York Laboratory, both yarns have been determined to be gimped yarns, not core spun yarns.

The applicable subheading for both the cotton and rayon yarns will be 5606.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for gimped yarn, and strip and the like of heading 5404 or 5405, gimped (other than those of heading 5605 and gimped horsehair yarn). The rate of duty will be 11.5 percent ad valorem.

The gimped yarns fall within textile category designation 201. Based upon international textile trade agreements, products of Japan are subject to the requirements of a visa.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories 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 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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