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March 10, 1999

CLA-2-54:RR:NC:TA:351 D88677

CATEGORY: CLASSIFICATION

TARIFF NO.: 5403.41.0000

Mr. Michael Law
Accord Customs Services
360 N. Sepulveda Blvd., Suite 1070
El Segundo, CA 90245

RE: The tariff classification of viscose rayon yarn from Thailand

Dear Mr. Law:

In your letter received February 25, 1999, you requested a classification ruling on behalf of Elite Threads, Inc. This request was accompanied by three samples. Two other requests were submitted for this merchandise, both of them by the importer, not accompanied by samples. For purposes of simplification, this response will cover all three requests.

Samples marked “A”, “B” and “C” were submitted. Sample “B” was described as 100 percent viscose rayon multifilament yarn. It is claimed to be plied, of 120 decitex, with a twist of 550 to 600 turns per meter. In a telephone conversation with Mr. Hwang, (the importer), he stated that the yarn was not high tenacity, was not textured and was not dressed for sewing. The two ply yarn is stated to have a final Z twist and is put up in hanks of 9000 meter lengths with a net weight of approximately .25 kg.

The applicable subheading for the yarn “B” will be 5403.41.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial filament yarn, (other than sewing thread), not put up for retail sale, other yarn, multiple, of viscose rayon. The duty rate will be 9.1 percent ad valorem.

Your inquiry did not provide enough clear information on samples “a” and “C”. Sample “A” was described as 100 percent viscose polyester. As viscose is an artificial fiber and polyester is a synthetic fiber, the percentage expressed must be broken out to indicate the percentage by weight of viscose fiber and the percentage by weight of polyester fiber. Sample “C” appears to be coated with metal or contain metalized material. Complete information on the percentage by weight of metal must be supplied. Note that for Customs purposes, any yarn which contains any portion of metal is considered to be completely of metal. When you have obtained the information indicated, you may wish to resubmit samples “A” and “C”for a classification ruling.

The viscose rayon yarn (sample “B”), falls within textile category designation 606. Based upon international textile trade agreements products of Thailand require 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. 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 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 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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