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NY C85996


June 9, 1998

CLA-2-55:RR:NC:TA:351 C85996

CATEGORY: CLASSIFICATION

TARIFF NO.: 5503.20.00

Mr. Roy Ferguson

Consolidated Textiles, Incorporated

P.O. Box 240416

Charlotte, NC 28224

RE: The tariff classification of polyester fiber.

Dear Mr. Ferguson:

In your letter dated March 17, 1998, you requested a tariff classification ruling.

You have submitted a sample of polyester fiber. In your letter you state that the fiber is produced from reprocessed waste materials of polyester. It is intended to be sold as stuffing for pillows, comforters and similar items.

Laboratory analysis revealed the polyester fiber to be fibers cut to uniform length and crimped. The fibers are of uniform diameter and are not carded, combed or further processed for spinning. The fact that the fiber may be manufactured from waste does not in any way make the manufactured fibers themselves.

Laboratory analysis did not provide the decitex of the fiber. We are therefore not able to provide the two digit statistical breakout for the fiber based upon decitex. As this breakout does not affect the materiality of the classification, we will issue this ruling despite the absence of complete information.

The applicable subheading for the fiber will be 5503.20.00, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic staple fibers, not carded, combed or otherwise processed for spinning, of polyester. The rate of duty will be 4.7 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 Camille Ferraro at 212-466-5885.

Sincerely,


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