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NY 850772

Apr 11 1990

CLA-2-54:S:N:N3H:351 850772


TARIFF NOS.: 5402.61.0000; 5402.62.0000

Ms. Cecilia Castellanos
Withrow, Zerwekh & Co.
1241 Watson Center Rd., P.O. Box 368
Wilmington, CA 90748

RE: The tariff classification of plied nylon and polyester filament yarns from Taiwan.

Dear Ms. Castellanos:

In your letter dated March 20, 1990, on behalf of Schermerhorn Bros. Co., you requested a tariff classification ruling.

You have submitted two samples of man-made fiber twine used for kites. The first sample is a 12-ply nylon yarn put up on a cone weighing 5 pounds. The second sample is a 5-ply polyester yarn put up on an 18 pound cone. In a phone call with National Import Specialist Assistant Donald Corrigan on April 6, 1990, you stated that the nylon twine has 3 strands, each of which contains 4 plies, equal to a total of 12 plies as marked. It measures 2520 denier (2780 decitex). Both of the yarns have a final "Z" twist, measure less than 10,000 decitex, are made from filament yarns, and are not high tenacity or textured. As requested in your letter, the samples will be returned to you.

The applicable subheadings for the twines will be 5402.61.0000 (if of nylon) or 5402.62.0000 (if of polyesters), 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. The rates of duty will be 9.1 percent ad valorem for both items.

The kite twine falls within textile category designation 606. Based upon international textile trade agreements, products of Taiwan are subject to the requirements of a visa and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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