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April 1, 1999

CLA-2-52:RR:NC:TA:351 D89695

CATEGORY: CLASSIFICATION

TARIFF NO.: 5205.11.2000; 5509.21.0000

Ms. Linda G. Baird
Shelby Group International, Inc.
P.O. Box 171814
Memphis, TN 38187-1814

RE: The tariff classification of yarn from Taiwan or Thailand

Dear Ms. Blair:

In your letter dated March 19, 1999, you requested a classification ruling.

Samples of 100 percent cotton and 100 percent polyester yarn were submitted. In your letter you state that the cotton yarn is a single yarn of uncombed cotton with a metric number of 12.941. Although the submitted sample was put up on a tube weighing approximately 108 grams, you state that the yarn will be imported on cones weighing 3.86 kg/cone. The polyester yarn is stated to be a single yarn made of staple fiber with a twist of 315 turns per meter. The submitted sample weighed approximately 140 grams, but you state that the imported yarn will weigh 3.86 kg/cone.

The applicable subheading for the cotton yarn will be 5205.11.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for cotton yarn (other than sewing thread), containing 85 percent or more by weight of cotton, not put up for retail sale, single yarn, of uncombed fibers, not exceeding 14 NM, other. The duty rate will be 5.4 percent ad valorem.

The applicable subheading for the polyester yarn will be 5509.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for yarn (other than sewing thread) of synthetic staple fibers, not put up for retail sale, containing 85 percent or more by weight of polyester staple fibers, single yarn. The duty rate will be 10.4 percent ad valorem. The cotton yarn falls within textile category designation 300. Based upon international textile trade agreements products of both Taiwan and Thailand are subject to quota and the requirement of a visa.

The polyester yarn falls within textile category designation 604. Based upon international textile trade agreements products of both Taiwan and Thailand are subject to quota and the requirement of 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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