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NY L83773




April 13, 2005

CLA-2-55:RR:NC:N3:351 L83773

CATEGORY: CLASSIFICATION

TARIFF NO.: 5503.20.0065, 5503.20.0045

Peter Mento
Expeditors Tradewin, LLC
1015 Third Avenue
12th Floor
Seattle, WA 98104

RE: The tariff classification of polyester staple fiber from China or India

Dear Mr. Mento:

In your letter dated April 1, 2005, you requested a tariff classification ruling on behalf of Dallas Manufacturing Company, of Dallas, Texas.

The two submitted samples are bags that contain two different types of 100% polyester staple fiber (psf), which you indicate will be used as filling for pillow-type pet beds. From your descriptions, we presume neither has a core-and-sheath construction.

The first sample (Item A) is recycled 100% psf. It is 1.25” long, 15 denier (16.67 decitex), and is siliconized and crimped. The sample fibers are green.

The applicable subheading for the Sample A psf will be 5503.20.0065, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic staple fibers, not carded, combed, or otherwise processed for spinning: of polyesters:Other:Measuring 13.2 decitex or more. The rate of duty will be 4.3 percent ad valorem.

The second sample (Item B) is 100% virgin psf. It is 1.25” long, 6 denier (6.67 decitex), and is siliconized and crimped. You have described it as white, but it is not exactly white, more a pale green.

The applicable subheading for the Sample B psf will be 5503.20.0045, HTS, which provides for synthetic staple fibers, not carded, combed, or otherwise processed for spinning: of polyesters:Other:Measuring 3.3 decitex or more but less than 13.2 decitex. The rate of duty will be 4.3 percent ad valorem.

The merchandise in question may be 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.

The samples will be retained for official purposes.

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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