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NY A84638




July 17, 1996

CLA-2-55:RR:NC:TP:351 A84638

CATEGORY: CLASSIFICATION

TARIFF NO.: 5508.10.0000

Mr. David C. Williams
Neville, Peterson and Williams
80 Broad Street
New York, NY 10004

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of polyester sewing thread from Mexico; Article 509

Dear Mr. Williams:

In your letter dated June 10, 1996 you requested a ruling on behalf of Coats & Clark, on the tariff classification and status under the NAFTA, of polyester sewing thread from Mexico.

You submitted one spool of 100% polyester plied yarn which has a "Z" twist and whose total weight, including the support, is less than 1000 grams. According to the New York Customs Laboratory, "the sample is a two ply polyester yarn which has an application of a silicone type dressing/finishing of 1.2 percent by weight."

In a telephone conversation with National Import Specialist Jeff Konzet on July 16, 1996, you indicated that the polyester staple fibers used to make this yarn are extruded in Mexico, and that all subsequent processes occur in Mexico. We will assume for purposes of this ruling that the polyester resin which was used to make this staple fiber, was imported from outside the NAFTA territory.

The applicable tariff provision for the sewing thread will be 5508.10.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sewing thread of man-made staple fibers, whether or not put up for retail sale; of synthetic staple fibers. The general rate of duty will be 12.7 percent ad valorem.

Each of the non-originating materials used to make the thread has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/55. The thread will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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,

Roger J. Silvestri
Director

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