United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2001 NY Rulings > NY G84236 - NY G84334 > NY G84324

Previous Ruling Next Ruling
NY G84324




November 30, 2000

CLA-2-52:RR:NC:TA:351 G84324

CATEGORY: CLASSIFICATION

TARIFF NO.: 5205.43.0020, 5205.43.0090, 5205.44.0020, 5205.44.0090

Roland Jones
Vice President
Max Asie (USA) Inc.
716 Monterey Pass road
Monterey Park, CA 91754

RE: The tariff classification of 100% combed cotton yarns from China or Egypt.

Dear Mr. Jones:

In your letter dated November 7, 2000, you requested a classification ruling.

You submitted five spools of 100% combed cotton yarns, each spool representing a different yarn. You describe them all as multiple plies, “S” twist with a final “Z” twist. Your letter states that they will be used in the garment industry for sewing thread; however, in a telephone conversation with National Import Specialist Mitchel Bayer, you stated that the yarns are not dressed for sewing thread. In addition, none of the yarns on the submitted supports exceeds 1000 grams in weight. Yarns that have not been dressed and/or put up on supports of a weight (including the support) exceeding 1000 grams are precluded from classification as sewing thread, according to Note 5 of Section XI of the Harmonized Tariff Schedule of the United States (HTS). Additionally, they do not meet the definition of “put up for retail sale” found in Note 4.

You give the English yarn numbers (ne) as 40s/2, 30s/2, 37s/2, 40s/3, and 30s/3. The respective metric (nm) equivalents, which is how the HTS is classified, are 68s/2, 51s/2,63s/2, 68s/3, and 51s/3.

The applicable subheading for the nE 30’s/2 and 30s/3 yarns, if ring spun, will be 5205.43.0020, 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, multiple (folded) or cabled yarns, of combed fibers, exceeding 43 nm but not exceeding 52 nm per single yarn, ring spun. The duty rate will be 8.6 percent ad valorem.

The applicable subheading for the 30’s/2 and 30s/3 yarns, if not ring spun, will be 5205.43.0090, 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, multiple (folded) or cabled yarns, of combed fibers, exceeding 43 nm but not exceeding 52 nm per single yarn, other. The duty rate will be 8.6 percent ad valorem.

The applicable subheading for the nE 37s/2, 40s/2, and 40s/3 yarns if ring spun, will be 5205.44.0020, 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, multiple (folded) or cabled yarn, of combed fibers, exceeding 52 nm but not exceeding 80 nm per single yarn, ring spun. The duty rate will be 9.9 percent ad valorem.

The applicable subheading for the nE 37s/2, 40s/2, and 40s/3 yarns if not ring spun, will be 5205.44.0090, 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, multiple (folded) or cabled yarn, of combed fibers, exceeding 52 nm but not exceeding 80 nm per single yarn, other. The duty rate will be 9.9 percent ad valorem.

All of the above HTS subheadings fall within textile category designation 301. Based upon international textile trade agreements products of China and Egypt are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: