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NY M81129




March 14, 2006

CLA-2-54:RR:NC:N3:351 M81129

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.62.0000

William C. Jones
Tru-Pro Products
5358 Highway 17 South
Helena, AL 35080

RE: The tariff classification of polyester yarn from China

Dear Mr. Jones:

In your letter dated March 2, 2006, you requested a tariff classification ruling.

In your original letter, you described the item as “Jet Line – a dacron string used in masonry to outline patterns for laying brick, concrete block, tile, or stone.” You indicate that it is imported in rolls of 450 feet. You state that each roll weighs about 12 grams and measures 2” long x 1/2” wide.

Dacron is a trade name for polyester. We have determined that this is a twisted, multiple multifilament yarn with a decitex of approximately 1200. We assume for purposes of this ruling that it does not meet the tariff definition of “high tenacity yarn” found in Section XI, Note 6, Harmonized Tariff Schedule of the United States (HTSUS),

The applicable subheading for the polyester yarn will be 5402.62.0000, HTSUS, 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.

You also asked about the country of origin, yet other than stating that China is the country of origin, you did not clarify your request. Since you also asked about marking, we shall respond on that matter.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

You also mention “application of trade program or agreement” without specifying a question. In this regard, we can tell you that China is not a beneficiary developing country for purposes of the Generalized System of Preferences (GSP).

Also, subheading 5402.62.0000, HTSUS, 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 www.otexa.ita.doc.gov.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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