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NY L82973




March 8, 2005

CLA-2-54:RR:NC:N3:351 L82973

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.62.0000

John K. Greenlee
John A. Steer Co.
28 South Second St.
Philadelphia, PA 19106

RE: The tariff classification of polyester filament yarn from China

Dear Mr. Greenlee:

In your letter dated February 8, 2005, you requested a tariff classification ruling.

The submitted sample is 16/3 polyester yarn. It appears to be filament yarn. It is bleached white and is coated with wax. It has a final “Z” twist. You indicate that it will be imported wrapped on cones that will weigh 2.5 kg. and 4.5 kg.

The applicable subheading for the filament will be 5402.62.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale : other yarn, multiple (folded) or cabled, of polyesters. The rate of duty will be 7.5 percent ad valorem.

HTS 5402.62.0000 falls within textile category designation 606. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

You have asked if this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.

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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