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NY 885331





April 26, 1993

CLA-2-54:S:N:N6:351 885331

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.43.0040

Mr. Frank A. Lofaro
Keynote Cargo Clearance
147-60 175th Street
Jamaica, NY 11434

RE: The tariff classification of singles multifilament polyester yarn from France.

Dear Mr. Lofaro:

In your letter dated April 16, 1993, on behalf of Multitex Products Inc., you requested a tariff classification ruling.

You have submitted one sample of a singles, multifilament 100% polyester yarn. The yarn measures 45 denier, which equals 50 decitex, and it has 18 filaments. The yarn is not textured. We assume that the polyester yarn is not considered to be high tenacity or POY, and that it has twist ranging between 5 and 50 turns per meter (TPM).

The applicable subheading for the polyester yarn will be 5402.43.0040, 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 TPM, of polyesters, other, multifilament, with twist of 5 turns or more per meter. The rate of duty will be 10 percent ad valorem.

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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