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NY H86635




January 10, 2002

CLA-2-54:RR:NC:N3:351 H86635

CATEGORY: CLASSIFICATION

TARIFF NO.: 5403.32.0000, 5403.31.0020, 5403.41.0000

Ms. Ellen A. Dilapi
Grunfeld, Desiderio, Lebowitz, Silverman,& Klestatdt LLP 245 Park Ave., 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of rayon filament yarns from France.

Dear Ms. Dilapi:

In your letter dated January 4, 2002, you requested a ruling on behalf of Jasco Fabrics, Inc., on tariff classification.

You submitted samples of six (6) rayon filament yarns, which you describe as follows:

Vendor reference 12778S/212778Z: 100% viscose rayon; 167 decitex; 42 filament; twist of 1288 turns per meter.

Ref. 1445/12806S and 201445/212806Z, which you state are the same as reference numbers 12806S and 212806Z, for which no samples were submitted, except that the latter two are not oiled. (In a telephone conversation with National Import Specialist Mitchel Bayer, you stated that the oiling was not a dressing for sewing thread.): 100% viscose rayon; 110 decitex; 40 filament; twist of 1745 tpm.

Ref. 12765/212765: 100% Bemberg cuprammonium rayon; 110 decitex; 75 filament; twist of 1670 tpm.

Ref. 12702S/212702Z: 72% viscose rayon, 28% polyester; 117 decitex; 49 filament; twist of 1557 tpm.

Ref. 124222EV: 100% viscose rayon; 167 decitex; 42 filament; no twist.

Ref. 1444: 100% viscose rayon;168 decitex (2 x 84, a multiple yarn); 62 filament; twist of 1800 tpm.

The weight of each cone of yarn exceeds 85 grams, meaning that these man-made filament yarns are not put up for retail sale according to the definition found in Note 4(A)(a) to Section XI, Harmonized Tariff Schedule of the United States (HTS). You state in your letter that the yarns are neither high tenacity nor textured.

The applicable subheading for samples 1-4 (including the two not submitted, as stated in (2) above) will be 5403.32.0000, HTS, which provides for “Artificial filament yarn (other than sewing thread), not put up for retail sale, . . . other yarn, single; of viscose rayon, with a twist exceeding 120 turns/m.” The general rate of duty will be 10 percent ad valorem.

The applicable subheading for sample 5 will be 5403.31.0020, HTS, which provides for “Artificial filament yarn (other than sewing thread), not put up for retail sale . . .; other yarn, single; of viscose rayon, untwisted or with a twist not exceeding 120 turns/m; multifilament, untwisted . . . .” The general rate of duty will be 10 percent ad valorem.

The applicable subheading for sample 6 will be 5403.41.0000, HTS, which provides for “Artificial filament yarn (other than sewing thread), not put up for retail sale, . . .; other yarn, multiple (folded) or cabled; of viscose rayon.” The general rate of duty will be 10 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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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