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NY C84187




February 20, 1998

CLA-2-84:RR:NC:1:104 C84187

CATEGORY: CLASSIFICATION

TARIFF NO.: 8445.30.0010

Ms. Venetia Huffman
AEI Radix
5733 Bayside Road, Suite 101
Virginia Beach, VA 23455

RE: The tariff classification of covered yarn machinery from France

Dear Ms. Huffman:

In your letter dated January 20, 1998 on behalf of ICBT Inc. of Greensboro, NC you requested a tariff classification ruling.

Model G316 EM is a high speed covering machine for single covered yarns. The literature states that a covered yarn consists of a core covered by one or more yarns. The core is mainly an elastomer or natural rubber. The cover yarns are polyamide, polyester, cotton, etc. The G316 EM machines currently on order will have 224 spindles however the number of spindles can vary depending on the model machine and customer requirements. Other models include the G307 for double covering and the G367 which can be used to produce single or double covered yarns. You indicate that these machines produce covered textile yarns typically of lycra or natural rubber filament wrapped with nylon for application in ladies hosiery, men's half hose, waist band or the foundation garment industries. Covering machines are actually twisters. The words "yarn twisting" appear on the front cover of the brochure.

ICBT will import complete machines from France. The spindles for the machines are made in Germany. They are shipped to France and combined with the rest of the machine for export to the U.S. There will be two invoices: an invoice from ICBT of France for the basic machine in French Francs and an invoice from the German spindle manufacturer for the spindles in Deutsche Marks, FOB the ICBT factory in France.

The applicable subheading for the G316 EM, G307 and G367 covering machines including the spindles will be 8445.30.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for textile doubling or twisting machines. The rate of duty will be 0.8 per cent.

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 Robert Losche at 212-466-5670.

Sincerely,

Robert B. Swierupski
Director,

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