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NY B89541




September 25, 1997

CLA-2-54:RR:NC:TA:351 B89541

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.42.0000

Mr. Esteban Munoz
Esteban Munoz
P.O. Box 1491
Laredo, TX 78042-1491

RE: The tariff classification of two polyester multifilament yarns for further processing into fully oriented yarn (FOY) and drawn textured yarn, from China.

Dear Mr. Munoz:

In your letter dated September 3, 1997, on behalf of Xianglu Fibers (Xiamen), Haicang, Xiament, China, (the manufacturer), you requested a classification ruling.

Two representative samples were submitted which were identified on their respective spools as 262 dtex/36f and 528 dtex/96f. The first number refers to the decitex and the second number applies to the number of filaments. Both yarns are constructed from multi-filament polyester man-made fibers (synthetic-POY) which are not put up for retail sale. These are all single yarns which will be further processed into fully oriented yarn (FOY) and drawn textured yarn (DTY) after their importation into the United States. We assume there are less than 50 turns per meter for the two yarns.

The applicable subheading for the two yarns will be 5402.42.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex, ..., single yarn, untwisted or with a twist not exceeding 50 turns/m, of polyesters, partially oriented. The duty rate will be 9.6 percent ad valorem.

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

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 George Barth at 212-466-5884.

Sincerely,

Robert B. Swierupski
Director,

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