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NY 890116




September 10, 1993

CLA-2-55:S:N:N6:351 890116

CATEGORY: CLASSIFICATION

TARIFF NO.: 5509.53.0060; 5205.24.0000; 5705.00.2030

Mr. Juan J. Alvarado
Mercury Forwarding Agency Inc.
14101 Transportation Avenue
Interamerican Distribution Center
Laredo, TX 78041

RE: The tariff classification of a cotton/polyester yarn, a cotton yarn and a braided rug from Mexico.

Dear Mr. Alvarado:

In your letter dated August 23, 1993 (received in our office on September 3, 1993), on behalf of Burlington Industries, you requested a classification ruling.

You have submitted three samples, as follows: a 66% polyester/ 34% cotton yarn, a 100% cotton yarn and a 100% polyester braided rug. In the first sample, the polyester staple fibers measure 1.5 denier X 38 millimeters. In the first and second samples, the cotton fibers are 1 1/8 inch long and combed; both yarns are twisted singles measuring 67 metric number (nm). We assume that the two yarns are not put up for retail sale. The third sample, the oval braided rug, measures 20 X 30 inches, has a double cushion inner core and is reversible.

The applicable subheading for the polyester/cotton yarn will be 5509.53.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale; other yarn, of polyester staple fibers; mixed mainly or solely with cotton; exceeding 52 nm. The duty rate will be 15 percent ad valorem.

The 100% cotton yarn will be classifiable under the provision for cotton yarn (other than sewing thread), containing 85% or more by weight of cotton, not put up for retail sale; single yarn, of combed fibers; exceeding 52 nm but not exceeding 80 nm; in subheading 5205.24.0000, HTS. The rate of duty will be 9.9 percent ad valorem.

The braided rug will be classifiable under the provision for other carpets and other textile floor coverings, whether or not made up; other; of man-made fibers; in subheading 5705.00.2030, HTS. The rate of duty will be 6.5 percent ad valorem.

Textile mill products from Mexico classified under HTS subheadings 5509.53.0060, 5205.24.0000 and 5705.00.2030 are subject to a countervailing duty (case C-201-405).

The polyester/cotton yarn and the cotton yarn fall within textile category designations 607 and 301, respectively. Based upon international textile trade agreements, these products of Mexico are subject to quota and the requirement of a visa. The rug falls within category designation 665, which is subject to the requirement of a visa.

The designated textile and apparel categories 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
New York Seaport

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