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NY M87488




October 24, 2006

CLA-2-54:RR:NC:N3:351 M87488

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.61.0000

Brenda Pau
HaiPau, Inc.
244 Fifth Ave, #B200
New York, NY 10001-7604

RE: The tariff classification of nylon yarn from China

Dear Ms. Pau:

In your letter dated Oct. 17, 2006, you requested a tariff classification ruling.

You submitted a spool of nylon yarn. You state that the yarn will be used to sew hair extensions, but that it is not sewing thread. Our examination reveals it to be a multiple multifilament yarn with a decitex of approximately 800. The spool weighs approximately 260 grams. By virtue of the weight and decitex, the yarn does not meet the tariff definition of "put up for retail sale" found in Section XI, Note 4, Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the nylon yarn will be 5402.61.0000, HTSUS, which provides for other synthetic filament yarn, not put up for retail sale, other yarn, multiple (folded) or cabled, of nylon. The general rate of duty will be 7.5% ad valorem.

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/.

Subheading 5402.61.0000 falls within textile category 606. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at www.otexa.ita.doc.gov.

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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