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NY N009768




April 24, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5402.11.3010, 5402.11.3050, 5503.11.0000

Janice McEachern
Rogers & Brown
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of yarns from the Netherlands

Dear Ms. McEachern:

In your letter dated April 11, 2007, you requested a tariff classification ruling on behalf of your client, Teijin Twaron USA, Inc., of Conyers, Georgia.

You submitted five samples. Four are single filament aramid yarns with no twist. According to Chapter 54, Note 1(a), Harmonized Tariff Schedule of the United States (HTSUS), aramid is a synthetic fiber for tariff purposes.

Item #132156 has a decitex of 9828 and a tenacity of 217.5 centinewtons per tex (cN/tex). Item #118885 has a decitex of 1713 and a tenacity of 202 cN/tex. Item #100146 has a decitex of 15,859 and a tenacity of 102.4 cN/tex; you state that it has no adhesive. Item #133664 has a decitex of 564 and a tenacity of 236 cN/tex.

Because each has a tenacity in excess of 60 cN/tex, each yarn meets the tariff definition of high tenacity yarn found in Note 6 to Section XI, HTSUS. They will be imported on supports weighing in excess of 85 grams and so they do not meet the tariff definition of “put up for retail sale” found in Note 4 to Section XI.

The applicable subheading for the high tenacity yarns 132156, 118885, and 100146 will be 5402.11.3050, HTSUS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex: High tenacity yarn of nylon or other polyamides: Single yarn, More than 920 decitex: Monofilament; multifilament untwisted or with twist of less than 5 turns per meter. The rate of duty will be 8.8% ad valorem.

The applicable subheading for Item #133664 will be 5402.11.3010, HTSUS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, including synthetic monofilament of less than 67 decitex: High tenacity yarn of nylon or other polyamides: Single yarn, Not more than 920 decitex: monofilament; multifilament untwisted or with twist of less than 5 turns per meter. The rate of duty will be 8.8% ad valorem.

Item #120312 is staple fibers. They are not carded, combed, or otherwise processed for spinning at the time of importation.

The applicable subheading for Item #120312 will be 5503.11.0000, HTSUS, which provides for synthetic staple fibers, not carded, combed, or otherwise processed for spinning: Of nylon or other polyamides: Other. The rate of duty will be 4.3% 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/.

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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